As per Bombay H.C. (Goa Bench)(Full Bench) in Mr. Mohd. Farhan A. Shaikh in T.A. M 51 & 57 of 2012 and many other decisions of ITAT, No penalty u/s 271(1)(c) is leviable if - In Notice u/s 271(1)(c) - Irrelevant part not strike off. In penalty notice u/s 270 A - under reporting of Income or misreporting of income not strike off. But in the body of assessment order initiation of penalty is for under- reporting of income. Query- Whether the aforesaid decision of Hon'able Bombay HC will be equally applicable in penalty u/s 270A ?
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- An Individual is tax resident in India, holding British Passport has been filing returns in India since past several years.He has immovable residential Property in UK which is let out. He is paying tax in UK on rent income .He has not offered rent income in India returns in the past. Is he required to declare rent income in India tax return? He is of the opinion that rent income is not taxable in India because immovable property is situated in U.K. Please give your views. Also any other suggestion. Please cite case laws if any , supporting or…
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What is the impact when DIN is not quoted in the body of assessment order but conveyed through a separate letter? is such type of assessment order valid?
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In case of assessee, there was no assessment u/s 143(3) of I T Act for ay 11-12. There was only intimation us 143(1) from CPC. Under such circumstances who will be the jurisdictional assessing officer for issuing notice u/s 148 in March 2018 ? Whether erstwhile JAO for ay 11-12 or assessing officer having charge over assessee on the day of issuing notice on the basis of income criteria or any other criteria? Please guide.
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Sir, What is the time limit for issuance of notice for fy 2019-20? Will the reduced time limit of three months apply as against the original period of 6 months? Notices u/s 143(2) were already received in few cases before 30-06-2021. Can it be considered that all the notices are issued and no further notices will be issued? Please clarify.
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Dear Sir, Scrutiny Notice under section 143(2) for AY 2020-2021 does not mentions whether selection of return of income is selected for scrutiny is under CASS/Manual. Whether case has been selected for scrutiny under CASS or Manual, has been a practice from the department for past many years and also been mentioned in the instruction issued by the CBDT vide F.No. 225/157 /2017 /ITA.11 dated 23 June 2017 (attached). Whether Scrutiny Notice issued under section 143(2) for AY 2020-2021 valid in terms of above instructions & guidelines under the income tax act?
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Notice u/s 148 for ay 15-16 received 0n 25/03/2021. Who will be approving authority u/s 151 i.e. JCIT or CIT, considering the extension granted time to time due to Covid Pandemics.
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A person who is an Indian but holds a Singapore citizenship. He has been living in India, for more than 2 years. He still holds NRE account and claims that the interest is exempt from tax. Bank is allowing him to continue to hold the NRE account and is not deducting TDS because he is a foreign citizen. Is the legal position correct?
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A company is earning capital gains from sale of shares attracting STT as well as capital gains from other shares/units of MFs without STT. Can the company adjust only the losses from the STT paid shares against the profit of non-STT paid shares without adjusting it against the profits from STT paid shares? Can the Income-tax department raise objection and adjust STT paid losses first against the profits from STT paid shares and only the remaining loss is allowed to be adjusted against profit from non-STT paid shares?
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We have received the Form 3 from designated authority regarding the payment of tax. In Form 4 we have to submit the details of tax paid along with the proof of withdrawal of relevant appeal. What is the procedure to pay the this tax. Whether it has to be paid through income tax portal or we can pay it offline through challan. Kindly guide me on the procedure to make the payment of tax after receiving Form 3
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Whether decisions u/s 271(1)(c) will be applicable for penalty u/s 270A.