Non residents are now eligible assessee  u/s 144(15) for the purposes of draft order &  for approaching DRP  in case of adverse order. Whether same procedure would be warranted at the time of processing of return filed by Non Resident . Prima facie, answer is in affirmation as  there is nothing to suggest that section 144C  applies only to 143(3) / 144 assessment . (ii) if the case of non-resident is also a search case , how the direction of DRP and approval u/s 153D would reconcile

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During the course of assessment proceedings,  AO notice that in some loan transcation assessee has accepted loan in Cash and assessee has also given confirmation from the lender that he is assesssed to tax and disclosed the transcation in his books of accounts. Assessment U/Sec. 143(3) was completed on 31.03.22 by accepting  Returned income. There is no mentioned about contravention of provisions of Sec. 269SS of the Act. On 10.05.2022, he made a reference to Joint CIT about contravention  ofprovisions of sec. 269SS and initiation of penalty proceedings u/Sec. 271D of the Act. The JCIT o  10.06.22 initiated penalty proceedings and sent a show case notice asking the assessee as to why penalty should not be levied for contravention of provisions of Sec.269SS. Assessee has replied that since the AO has made reference to JCIT for initiation of penalty proceedings U/sec. 271Dafter completion of assessment proceedings , penalty proceedings initiated by JCIT is bad in law. Whether assessee view is correct ? If yes, are there any judicial support for this contention. Pl guide .

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Hi, We have claimed GST Refund for FY 2017-18 in January 2020. Refund got processed. However during the GST Audit, officer is claiming to reject the refund and claim back amount. Is there any case laws to support the refund claim, providing mere delay in claim subject to meeting other refund claims should not be reason for rejecting refund.   Thank you in advance. Look forward to hear from you at the earliest.    

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Sir my father sold land on 2016 and paid TDS, he was died on 2017, we got 148A notice now 2023, he was undergone cancer treatment during year 2017, 20 lakhs was spent for treatment remaining he closed all his debts, we dont have any documents regarding that. How can we handle this

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Can ITAT decline  to hear appeal against order u/s 263 just because another order u/s 143[3] r w s 263 is passed making those additions ?

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will deduction be denied to donor if certificate of such donee party is revoked after donation is given ? can 115bbe be invoked ? will it attract 200% penalty u/s 270A? can penalty be imposed u/s 271AAc in addition to 270A? Can penalty be levied u/s 271AAD in addition to above said penalties ? Is prosecution possible ?                    

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what is the remedy against Look Out notice under BMA ?

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Can a application for rectification be filed where the assessing officer makes an addition under 69A when the section is not applicable In the present case the addition has been made on account of a “transaction” recorded in the books of account. In the present case the assessee a stock broker on clients orders  executed orders of   purchase and sale of shares through the national stock exchanges. on behalf of an alledged paper company  duely registered with the ROC all transaction being carried out through banks and dmat accounts. The total amount RECEIVED on account of such transactions was around 5 cr. and the total amount PAID  out was 27cr. The A.O made an addtion of Rs. 5 cr. ( ignoring the amount paid amounting to Rs.27 cr.)  to the returned income on account of this “transaction” under sec 69A ignoring the amount paid,  whreas addition under this section can be on account of “valuable article is not recorded in the books of account, if any, maintained by him for any source of income, and the assesse offers no explanation about the nature and source of……” Where the assessing officer himself states that the addtion is made on account of this “transaction” which is recorded in the books can an addtion be made u/s,69A . Is this not an error apparent on record ? Should this not be rectified on an application made under  U/s.154.?

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Search u/sec. 132 of the Act is carried out in the month of Jan 2023 and incriminating documents are found for the FY 2010-11 to Jan 23 are found. How many years of assessment will be re opened for 6 years or 10 years proceedings the year of search 22- 23.

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An Person of Indian origin, who is having US citizenship,  has after working in Canada and USA for many years, has not settled in India and is residing in India for more than 15 years and his status as per Section 6 of Income tax act is Resident and Ordinary resident.  He is filing regular return in India with respect to his Indian income and He is also filing return in USA with respect to his income in mutual fund, investments etc derived in USA.  He has never shown his investment held in USA in ITR – Schedule FA. So he is filing two returns in two countries, One in India and is showing only Indian income in that and one in US and is showing only US income there.  He has substantial investment in mutual funds, Bank accounts over there, which he wants to bring back to India buy liquidating all his investments.  What will be tax implications on such amount which he bring to India by liquidating all his USA Investment and how to minimize the same. Can he get the credit of TAX paid in USA while filing his return in India

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