The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance No 2, 2020

Here’s a summary of the ordinance no 2 of year 2020: Specified Acts The Wealth Tax Act, 1957The Income Tax Act, 1961The prohibition of Benami Property Transactions Act, 1988Chapter VII of the Finance (No. 2) Act, 2004Chapter VII of the Finance Act, 2013The Black Money (Undisclosed Foreign Income and Assets) and the imposition of Tax … Continue reading The Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance No 2, 2020

What we added to the Telescope this week!

Taxability of an offshore discretionary trust having resident and non-resident beneficiaries: Implications at time of accrual of income vs distribution of income Know the tax implications on discretionary trusts that are set up outside India. Offshore discretionary trusts can be set up by a resident or a non-resident of India and have resident as well … Continue reading What we added to the Telescope this week!

Lok Sabha Passes the Taxation Laws (Amendment) Bill, 2019

On December 2, 2019, the Lok Sabha passed the Taxation Laws (Amendment) Bill, 2019 (“The Bill”) which inter alia reduces the corporate tax levied on domestic companies. The Bill is yet to be introduced in the Rajya Sabha and once passed by both the houses will replace the ordinance promulgated by the President in September … Continue reading Lok Sabha Passes the Taxation Laws (Amendment) Bill, 2019

Can AO’s order be termed as erroneous and prejudicial u/s 263 if the assessee has stated transactions are not allowable for deduction but AO has allowed such deductions?

Case: EMDEE DIGITRONICS PVT LTD vs PR. COMMISSIONER OF INCOME TAX-4, ITAT KOLKATA  Listen to the case summary EMDEE DIGITRONICS PVT LTD vs PR. COMMISSIONER OF INCOME TAX-4, ITAT KOLKATA here Background: The assessee's return of income was passed on for reassessment u/s 143(2).After the assessment, the AO passed an order u/s 143(3) of the Income … Continue reading Can AO’s order be termed as erroneous and prejudicial u/s 263 if the assessee has stated transactions are not allowable for deduction but AO has allowed such deductions?

Addition made to the income of the assessee (without cross-examination) cannot be sustained

In the case of Shakuntala Agencies Pvt. Ltd. vs. ITO, search and seizure operations at the premise of a third party uncovered incriminating material related to the assessee. The AO and CIT(A) both rejected the assessee’s request to cross examine the relevant person.Tribunal holding: Addition made to the income of an assessee on the basis of … Continue reading Addition made to the income of the assessee (without cross-examination) cannot be sustained