Challenging the Validity of Typographical Error: The Importance of Substantiating Claims in Tax Matters

The case at hand revolves around the applicability of Section 69C of the Income Tax Act, which deals with unexplained expenditure. The assessee-firm in question was involved in the import of rough diamonds, as well as the manufacturing and export of polished diamonds. The Assessing Officer (AO) noticed that there was an excess consumption of …

Understanding the Choice of Method in Accounting for Assessees: Importance of Regularly Followed Methods

The method of accounting that an assessee chooses to use can significantly impact the computation of their income under the heads of business or profession (Section 28) and income from other sources (Section 56). While the choice of method lies with the assessee, it is essential to note that they must demonstrate that they have …

Understanding the “Wholly and Exclusively” Condition for Expenditure Deduction in connection with transfer of Property

Any expenditure that is incurred solely and necessarily in relation to the transfer of a capital asset can be deducted from the full value of consideration. This means that only expenses that are directly connected to the transfer of the asset can be claimed as a deduction. It is important to note that the expenditure …

Who qualifies as an Agent of a Non-Resident Indian under the Income Tax Act?

Under the Income Tax Act, a non-resident Indian can be assessed directly or through an agent. Section 160(1)(i) defines a “representative assessee” as an agent of the non-resident Indian, including a person who is treated as an agent under Section 163. An agent of a non-resident Indian, as per the provisions of Section 163, includes …

ITAT Chennai allows appeal, rejects disallowance under Section 40A(3) for cash paid as movie distributor’s agent

The Income Tax Appellate Tribunal (ITAT) in Chennai has allowed an appeal by an individual Assessee engaged in the film distribution business and also Managing Director of Kural TV Creations (P) Ltd, deleting the addition made by the Revenue under Section 40A(3). The ITAT held that Section 40A(3) is not applicable in cases where the …

Capital Receipt: Mumbai ITAT allows Assessee’s appeal for receipts from builder as compensation for alternate accommodation and hardship during redevelopment.

The Mumbai Income Tax Appellate Tribunal (ITAT) recently issued a judgement in the case of Ajay Parasmal Kothari v. ITO concerning the taxability of receipts received by an individual from a builder for alternate accommodation and hardship during redevelopment. The ITAT allowed the Assessee’s appeal and held that the receipt from the builder is compensation …

E-verification of ITR: 30 Days Timeline for E-verification of Returns

The Income Tax Department has issued a notification on July 29th stating that the time limit for e-verification or hard copy submission of ITR-V has been reduced to 30 days from August 1st. This means that taxpayers need to verify their returns within 30 days from the date of filing to complete the process. The …

File Income Tax Return, Steps to File ITR 1 and ITR 4

Filing an income tax return is a legal obligation for every taxpayer in India. It is a way to report your income and taxes paid during the financial year to the Income Tax Department. Filing ITRs has several benefits, including facilitating tax compliance and helping individuals claim tax refunds, if eligible. Additionally, it helps individuals …

How to Setup Business in India

India is a land of opportunities and offers an attractive market for entrepreneurs looking to start a business. With a growing middle class and a large population, India offers a vast market for businesses across various sectors. Setting up a business in India can be a complex process, but with the right guidance and support, …

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