Passing an Order Under Section 148A(d) Leading To Issue of Notice Under Section 148 if Assessee Failed to Verify Source for Purchase of Cryptocurrency

The Assessee in this case was involved in trading cryptocurrency and had made investments worth Rs. 4,65,72,546 towards the purchase of cryptocurrency during the assessment year 2018-19. However, the source of these investments was not verified and the Assessee had only declared a nominal income of Rs. 5,46,500 in the ITR filed. The Directorate of …

Expenses Incurred By Partner is Deductible From Interest and Remuneration Earned From Partnership Firms

In a recent tax dispute, the issue of deductibility of car expenses by a partner was brought to light. The assessee in question was a partner in five different firms and received a share of profit, remuneration, and interest from each. The partner had claimed a deduction for the interest paid on their car loan …

Presumptive Taxation Scheme Not To Apply When Turnover Exceeds The Limit, Estimated Profit To Be Determined if ITR Not Filed

The Income Tax Appellate Tribunal (ITAT) Chennai recently delivered a judgement in the case of DCIT, Trichy. v. Srinivasan Devendran. The case pertained to a civil contractor who had a turnover of Rs. 74 crores from PWD contracts, which was reflected in Form 26AS and had been subjected to Tax Deducted at Source (TDS). However, …

Interest on Fixed Deposit Does Not Fall Under Presumptive Taxation Scheme of Section 44AD

The taxation rules for interest earned on fixed deposits held with a bank have been clarified by the recent Krishna Kumar Agrawal v. ITO (2023) case. According to section 44AD, an assessee can disclose income from their business and receive the benefit of presumptive taxation. However, if an assessee earns interest on FDR/deposits held with …

Interest Under Section 234A and 234B Should be Charged Upto the Date of Payment of Self Assessment tax Not Till Completion of Assessment

This is a legal case where the appellant, an individual, had failed to file his income tax return for the assessment year 2011-12, even though he derived income from salary and interest. He subsequently filed his income tax return in response to a notice issued under section 148 of the Income Tax Act, 1961, and …

Mistakes in Filing Income Tax Returns by Declaring Higher Income? Don’t Worry! This ITAT Judgement Will Help You

Are you a taxpayer who mistakenly declared a much higher income on your income tax return? Did the assessing officer process your income tax return under section 143(1) and raise a tax demand that you’re struggling to pay? You’re not alone. But don’t worry, there’s hope. A recent case, Smt. Chandrikaben Thakarshibhai Langhnoja v. ITO, …

Are You a Salaried Employee and Received Income Tax Notice? Don’t Worry! We Will Guide You To Handle Income Tax Notice

Receiving an income tax notice can be a source of stress and confusion for salaried employees. However, it is important to comprehend why the notice was sent and what measures can be taken to address any issues. One reason for receiving an income tax notice may be due to errors or discrepancies in tax filings. …

Reopening Income Tax Case By Issuing Notice Under Section 148A: Processing of ITR under section 143(1) does not amount to framing an opinion

In the realm of tax law, the processing of an Income tax return under section 143(1) does not equate to an assessment of an opinion on the Income tax return filed by the taxpayer. This was highlighted in the case of Ernst & Young U.S. LLP v. ACIT (International Taxation), where the assessment of the …

Income Tax Scrutiny Notice 148A: Sets aside reassessment proceedings as no Information and material that formed the basis for issuing the impugned notice was supplied

The Delhi High Court has issued a ruling regarding a writ petition filed by the Assessee against the Revenue’s reassessment proceedings for the Assessment year 2013-2014. The court has set aside the reassessment notice and directed the Revenue to provide the underlying information/material that formed the basis for initiating the reassessment proceedings within four weeks …

Unreported Transactions: How They Can Lead to a Notice under Section 147 read with Section 148

In a recent case, the petitioner challenged an order passed by the Assessing Officer under section 148A(d) of the Income-tax Act, 1961. This order was issued in relation to proceedings for reassessment for the assessment year 2015-16, for which the petitioner had not filed a return of income. The respondent had issued a notice under …

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