Income Tax - Highlights / Catch Notes

The ITAT Mumbai addressed the disallowance of relief u/s. 89 in ...

Relief u/s 89 disallowed: difference between returned and assessed income. CIT(A) order quashed for lack of reasoning, matter restored back.

Case Laws Income Tax

May 29, 2024

The ITAT Mumbai addressed the disallowance of relief u/s. 89 in an assessment order u/s. 143(3). The issue pertained to the difference between returned and assessed income, specifically regarding relief for voluntary retirement or termination of service. The tribunal noted the absence of a specific mention of any defect in the assessee's submissions in the assessment order. The CIT(A) was criticized for not addressing the main issue and passing a non-speaking order. The tribunal emphasized the need for quasi-judicial authorities to provide reasoned orders as part of natural justice principles. Consequently, the non-speaking orders were set aside, and the case was remanded to the assessing officer for a fresh reasoned assessment after granting the appellant an opportunity to be heard. The assessee's appeal was allowed.

View Source

← Previous Next →

The ITAT Mumbai addressed the disallowance of relief u/s. 89 in ...

Relief u/s 89 disallowed: difference between returned and assessed income. CIT(A) order quashed for lack of reasoning, matter restored back.

Case Laws Income Tax

May 29, 2024

You may also like:

Grant of relief u/s 89 - Relief when salary, etc., is paid in arrears or in advance - On a reading of Section 192 (2A), we agree that the SBI should have computed the...

Entitlement for relief u/s 89(1) - Can be equated to refund amount or not - Employee under suspension from 01.03.1996 to 16.04.2007 got ‘subsistence allowance’ for the...

Penalty u/s 271(1)(c) - The Appellate Tribunal observed that the appellant, during reassessment proceedings, had filed their return of income but failed to provide...

Claim of relief u/s 89 - receipt of arrears in lieu of employer's contribution to the newly implemented 'Defined Contribution Scheme' - Section 17(2)(vii) of the Act...

Relief u/s 89(1) for the amount received in excess of the amount eligible for exemption u/s 10(10C) - voluntary retirement scheme (VRS) - assessee are clearly entitled...

Rectification of mistake u/s 154 - Disallowing Derivatives F & O loss and Speculation profit - The appellant sought to claim a deduction by way of a letter before the...

SC quashes notification imposing antidumping but disallowed refund

Demand of Service Tax - The present show cause notice is totally presumptive. Further, the difference in turnover in ST-3 return and income tax return could be on...

Eligibility of relief u/s 89 r.w. Rule 21A of I.T. Rules - Amount to be spread over the years including future years - compensation received by the assessee as only...

There is no prohibition to the twin benefits in respect of the amount received under the Voluntary Retirement Scheme. The relief contemplated under Section 89 of the Act...

Rectification of mistake u/s 154 against intimation u/s. 143(1) - Rejection on the ground that, revised return was not authenticated - The ITAT recognize the mistake in...

Unexplained reduction in closing work in progress - As there was a difference on account of change in following of accounting standard from AS 7 to AS 9 in the valuation...

Validity of grant of permission to the petitioner’s assessing authority, to re-assess the petitioner - The HC observed that, since, the assessing officer failed to make...

Additions based on mismatch in annual information return - If the assessee can reconcile such difference and even otherwise satisfy the learned assessing officer, that...

Refund of the accumulated ITC - formula as provided under Sub Rule (4) of Rule 89 of the Rules - It is not even necessary to now quash and set aside the order passed by...

Quick Updates: