TDS Not Deductible on Payments By Shoppers Shop to Vendors on ‘Sales or Return’ (SOR) Agreement’ Supply

Shoppers Stop, a well-known retail chain, has won a legal battle against the Revenue authorities. The Mumbai Income Tax Appellate Tribunal (ITAT) has upheld the decision of the Commissioner of Income Tax (Appeals) (CIT(A)) in a case involving the applicability of Section 194C of the Income Tax Act. The ITAT held that the payments made …

Income From Property To Be Taxed in Husband Name Even Wife was Registered Owner, Where Entire Investment Made By Husband

For the assessment year 1981-82, the Income Tax Officer (ITO) discovered that the wife of the assessee had entered into an agreement to purchase a flat, but being a housewife, she had no independent source of income. The ITO thus held that the investment made in purchasing the flat, as well as any income or …

Creating a Power of Attorney as an NRI? Here Are Important Considerations To Keep in Mind

A power of attorney (POA) is a legal document that allows someone to act on behalf of another person. In the case of an NRI (Non-Resident Indian), a power of attorney can be particularly useful as it allows them to appoint someone in India to act on their behalf. This is especially helpful in situations …

What is Tax Treaty, How It Works, and What Tax Treaty benefits available to Non-Resident Indians (NRIs)

Tax treaties are agreements between two countries to avoid double taxation of individuals or companies that may have tax obligations in both countries. Non-Resident Indians (NRI) can benefit from tax treaties in several ways. In this response, We will explain what a tax treaty is, how it works, and the various tax treaty benefits available …

No GST Late Fee To Be Charged if GST Return Not Filed Due to GST Cancellation

The Calcutta High Court recently passed a judgment in M/s. Modicum Enterprise (OPC) Private Limited v. Deputy Commissioner of State Tax/Assistant Commissioner of State Tax [M.A.T No. 1828 of 2022 with I.A. No. CAN 1 of 2022 dated December 22, 2022] regarding the applicability of late fee under Section 47 of the Central Goods and …

What is Tax Treaty and How Treaty Benefits To Non-Resident Indians (NRIs)

A tax treaty, also known as a double tax treaty or a tax agreement, is a bilateral agreement between two countries that aims to prevent double taxation of income earned by residents of one country in the other country. It establishes the rules for taxing different types of income, such as wages, dividends, and capital …

Interest For Delay in Deposit of TDS/TCS and For Non-Payment of Tax Demand: A Detailed Analysis

When filing income tax, there are several situations that can result in a person being liable to pay interest, such as when there are delays or defaults in the process. The different situations that can lead to paying interest are defined by specific sections of the law, with each section applying to different circumstances. Sections …

How to Revise Income Tax Return (ITR) Online: Procedures, Steps, Benefits of Revised ITR

Revised Income Tax Return (ITR) is a way for taxpayers to correct errors or omissions in the original Income Tax Return (ITR) they filed. The Income Tax Department allows taxpayers to revise their Income Tax Return (ITR) within a certain timeframe, usually before the end of the assessment year or before the assessment is completed, …

Reassessment Under Section 148 Based on Change in Opinion is Not Justified

The case at hand involves a housing society registered under the Maharashtra Cooperative Societies Act, which filed its return for the assessment year 2013-14, declaring a total income of Rs.11,39,990/- and claiming a deduction of Rs.2,62,10,090/- under Section 80P of the Act. Upon scrutiny assessment, the Assessing Officer issued a notice seeking details of various …

CIT(A) Cannot Decide Appeal Ex-Parte Merely Because of Failure to Attach Grounds of Appeal While Filing Memo in Form No. 35 Due to Technical Reasons

In a recent case of Prime ABGB (P) Ltd. v. National Faceless Appeal Centre, New Delhi, the court held that the Commissioner of Income Tax (Appeals) cannot pass an ex-parte order merely because the grounds of appeal were not attached at the time of filing the memo of appeal in Form No. 35 due to …

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