Loading...

⚠ ✕
❮ Top
☎ Help
☰
GST ▸
Central GST ▸
Integrated GST + ▸
UTGST / SGST ▸
GST Case Laws + ▸
Income Tax ▸
Income Tax ▸
Allied (Direct Tax) ▸
Income Tax Case Laws ▸
DTAA ▸
International Taxation ▸
Customs ▸
Customs Act / Rules ▸
Notifications / Forms ▸
Circulars / Tariff ▸
Case Laws / Manual ▸
FTP/SEZ ▸
Foreign Trade ▸
Notifications / Circulars / Appendix / Forms ▸
Special Economic Zone (SEZ) ▸
Corp. Law ▸
Company Laws ▸
Standards / Trusts ▸
Partnership / LLP / Societies ▸
Case Laws ▸
FEMA ▸
FEMA / FCRA ▸
Notifications / Circulars ▸
Manual / FAQ ▸
FEMA Case Laws ▸
SEBI / IBC ▸
SEBI ▸
SEBI Case Laws ▸
IBC ▸
IBC - Case Laws ▸
PMLA ▸
Benami Property ▸
Black Money ▸
Money Laundering ▸
Vivad ▸
Direct Tax ▸
Indirect Taxes ▸
Indian Laws ▸
Indian Laws ▸
Bharatiya Nyaya 2023 ▸
Finance Acts & Bills / Amendment Acts ▸
Case Laws ▸
Labour Laws ▸
Labour Code ▸
Old / Others ▸
Central Excise ▸
Central Excise - Cases ▸
Wealth Tax ▸
Service Tax ▸
Service Tax Cases ▸
CST / DVAT ▸
CST / VAT / Sales Tax ▸
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
    6. Text Search
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Case Laws Income Tax
    Taxation of International Consulting Services: Navigating the Complexities
    Case Laws Income Tax
    Examining the Eligibility of Credit Co-operative Societies for Deduction on Interest from Co-operati...
    Case Laws Income Tax
    Draft Assessment Order Regime: Navigating the Multi-tiered Assessment Process and Distinct Nature of...
    Case Laws Income Tax
    Judicial Scrutiny of Section 14A Amendment: Retrospective or Prospective Effect?
    Case Laws Income Tax
    Tax on Royalties: Navigating the Interplay between Domestic Tax Laws and Double Taxation Avoidance A...
    Case Laws Income Tax
    Validity of Assessment u/s 153C: Reckoning the Limitation Period
    Case Laws Income Tax
    Interpreting 'Initiation' of Penalty Action u/s 275(1)(c): Period of Limitation
    Case Laws Income Tax
    Faceless Assessment: Decoding the Exemptions for International Tax Charges
    Case Laws Income Tax
    Decoding the Interplay of Sections 153A and 153C in Search Assessments: Limitation and Reassessment ...
    Case Laws Income Tax
    Income Tax Case Transfers: Place of Business vs. Registered Office: Determining the Appropriate Juri...
    Case Laws Income Tax
    Validity of Writ Petitions and Section 153C Proceedings: Examining the High Court Judgment
    Case Laws Income Tax
    Interpreting Time Limits for 80G Registration for Charitable Institutions: Avoiding Absurdity in the...
    Case Laws Income Tax
    Interplay between the provisions of Section 153C and Section 147: Limits on Automatic Reassessment i...
    Case Laws Income Tax
    Equity and Justice in Tax Matters: Condonation of Bona Fide Delays
    Case Laws Income Tax
    Embracing Equity in Tax Laws: Recognizing Genuine Difficulties in Condonation of Delays in filing of...
    Case Laws Income Tax
    Real Income Taxation: Avoiding Double Disallowance of Wages and Salaries Payable
    Case Laws Income Tax
    Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer
    Case Laws Income Tax
    Revisiting the Scope of "Record" u/s 263: Embracing Subsequent Records
    Case Laws Income Tax
    Interpreting "Record": Revisiting the Scope of Revision Powers u/s 264 and Rectification of Mistake ...
    Case Laws Income Tax
    Supreme Court Upholds Validity of Re-Assessment Notices Issued During COVID-19 Lockdown
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Open Link
Notes
All › Income Tax
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Case Laws Income Tax
Taxation of International Consulting Services: Navigating the Complexities
Show AI Summary
Make available requirement for technical services prevents taxation where consultancy did not transfer technical knowledge, preserving source-based taxation.
The fees did not qualify as Fees for Technical Services because the make available condition-requiring transfer, transmission or enablement of technical knowledge-was not met; the domestic exception for services utilized to earn income from a source outside India applied since the services related to tournaments held abroad, and income attributable to any Service Permanent Establishment is taxable under the DTAA business profits regime.
Case Laws Income Tax
Examining the Eligibility of Credit Co-operative Societies for Deduction on Interest from Co-operati...
Show AI Summary
Deductibility under Section 80P(2)(d): interest from co operative bank deposits may qualify if linked to primary co operative activity.
Interest earned by credit co-operative societies from deposits with co-operative banks is examined for eligibility under Section 80P(2)(d), focusing on whether such receipts bear the requisite nexus to the societies' primary credit-providing activities and on the statutory meaning of co-operative bank as interpreted in judicial precedents that have largely favoured allowance of the deduction.
Case Laws Income Tax
Draft Assessment Order Regime: Navigating the Multi-tiered Assessment Process and Distinct Nature of...
Show AI Summary
Mandatory Draft Assessment Order under Section 144C preserves DRP review and invalidates final assessments issued without it.
Section 144C establishes a self-contained, multi-tiered assessment regime for international-transaction assessees in which the Dispute Resolution Panel exercises independent, enhanced review distinct from Section 144B. Framing the draft assessment order is an integral statutory step that preserves the assessee's right to challenge proposed findings; omission of that draft-stage procedure is therefore a substantive breach of the Section 144C code rather than a mere procedural irregularity. Remand under Section 153(6) does not revive assessments once the limitation periods in sub-sections (3) and (4) of Section 153 have expired.
Case Laws Income Tax
Judicial Scrutiny of Section 14A Amendment: Retrospective or Prospective Effect?
Show AI Summary
Prospective application of tax amendment preserves taxpayer expectations and limits disallowance of expenses to stated effective years.
The issue is whether the Explanation to Section 14A introduced by the Finance Act, 2022 applies retrospectively or prospectively, particularly for assessment years where no exempt income arose. The Court analysed the Memorandum to the Finance Bill, relevant precedents, and the principle that tax laws altering existing legal positions are not to be given retrospective effect unless expressly or necessarily implied. It concluded the Explanation must operate prospectively from the effective date stated in the Memorandum, maintaining taxpayer expectations and legal certainty.
Case Laws Income Tax
Tax on Royalties: Navigating the Interplay between Domestic Tax Laws and Double Taxation Avoidance A...
Show AI Summary
Taxation of Royalties: domestic law amendments cannot override DTAA interpretation; telecommunication payments not royalties.
The court held that unilateral domestic amendments to the statutory definition of royalty cannot alter the meaning of that term in a DTAA; treaty terms are to be interpreted by their plain meaning, guided by international law principles, OECD commentary, and precedents, and payments for telecommunication services or satellite transponder capacity do not qualify as royalties under the relevant DTAA.
Case Laws Income Tax
Validity of Assessment u/s 153C: Reckoning the Limitation Period
Show AI Summary
Limitation under Section 153C: six-year period runs from receipt of seized documents, requiring assessment under Section 153C.
Where seized assets, documents and digital data recovered from a third party are found to relate to another person, the date on which the Assessing Officer having jurisdiction receives those seized materials is the deemed date of search for reckoning the six-year limitation period; that deemed date determines the relevant assessment year and which prior six assessment years fall under the special procedure for initiating assessments under Section 153C.
Case Laws Income Tax
Interpreting 'Initiation' of Penalty Action u/s 275(1)(c): Period of Limitation
Show AI Summary
Initiation of penalty proceedings: limitation runs from the Assessing Officer's reference, barring belated penalty orders.
Initiation of penalty proceedings occurs when the Assessing Officer makes a reference to the competent authority; the subsequent show cause notice is a procedural opportunity and does not restart the limitation period, so the statutory limitation for completing penalty proceedings runs from the date of the Assessing Officer's reference and a penalty order passed after that period is time barred.
Case Laws Income Tax
Faceless Assessment: Decoding the Exemptions for International Tax Charges
Show AI Summary
Faceless assessment procedure must govern issuance of Section 148 notices in international tax matters, irrespective of residency.
The court held that the plain language of the faceless scheme, Section 144B(2) and the CBDT order requires that issuance of Section 148 notices in matters involving international tax charges comply with the mandatory faceless assessment procedure, irrespective of the taxpayer's residency status, and that notices issued without adherence to that procedure are inconsistent with the statutory scheme.
Case Laws Income Tax
Decoding the Interplay of Sections 153A and 153C in Search Assessments: Limitation and Reassessment ...
Show AI Summary
Reassessment limitation: commencement depends on AO's recorded satisfaction, not the search date, for non-searched entities.
Reassessment of a non-searched entity under Section 153C must be measured from the date the Assessing Officer records satisfaction about the seized material's relevance to that entity, not from the date of the search when the same AO is involved; the proviso to Section 153A(1) prevents the extended limitation period introduced by the 2017 amendment from applying to searches before the statutory cutoff, and physical handover of materials is a machinery provision rather than the substantive commencement trigger.
Case Laws Income Tax
Income Tax Case Transfers: Place of Business vs. Registered Office: Determining the Appropriate Juri...
Show AI Summary
Place of business controls assessment jurisdiction; transfer permitted where incriminating materials were seized in that jurisdiction.
When incriminating materials seized in a particular circle are directly connected to an assessee's business activities and essential to assessment, the assessing authority may transfer proceedings to the circle where those materials were seized. The decision emphasizes that place of business-reflecting where operative evidence and activities occurred-can control assessment jurisdiction, and that transfer facilitates a coordinated investigation while procedural safeguards like show cause notices and opportunities to reply remain relevant.
Case Laws Income Tax
Validity of Writ Petitions and Section 153C Proceedings: Examining the High Court Judgment
Show AI Summary
Writ jurisdiction preserved where exceptions to alternative remedies exist; defective Section 153C compliance undermines post-search assessments.
The court analysed when High Court writ jurisdiction may be exercised despite alternative remedies, reiterating exceptions for violations of natural justice, lack of jurisdiction, or fundamental rights. It examined Section 153C procedural requirements, particularly the necessity of a valid satisfaction note by the Assessing Officer of the searched person, time limits and jurisdictional competence, and the limited evidentiary value of loose sheets and retracted statements absent corroboration.
Case Laws Income Tax
Interpreting Time Limits for 80G Registration for Charitable Institutions: Avoiding Absurdity in the...
Show AI Summary
Time limits for 80G registration: purposive interpretation prevents existing charities being barred and preserves merit-based verification.
The Tribunal construed the amended registration scheme to hold that the six month filing period tied to commencement of activities applies to newly formed institutions that have not begun activities, not to existing charities that obtained provisional approval; it required the assessing authority to treat applications filed within six months before provisional approval expiry as within time and to verify eligibility on merits, providing opportunity to supply documents.
Case Laws Income Tax
Interplay between the provisions of Section 153C and Section 147: Limits on Automatic Reassessment i...
Show AI Summary
Non obstante clause in third party search provision applies only after the AO assumes jurisdiction by issuing a notice.
The Assessing Officer of the other person must record satisfaction that incriminating material relates to that person's total income for specific assessment years before issuing a third party notice; the non obstante clause in the third party provision applies only after the Assessing Officer assumes jurisdiction by issuing such a notice and does not oust regular reassessment provisions where jurisdiction under the third party scheme is not assumed.
Case Laws Income Tax
Equity and Justice in Tax Matters: Condonation of Bona Fide Delays
Show AI Summary
Condonation of delay: bona fide short technical glitches in filing income tax returns warrant equitable condonation by authorities.
The High Court held that a one day, bona fide delay in filing an income tax return due to a technical portal glitch could not be rejected merely because the return had been processed with a demand; such reasoning was misconceived. Applying earlier authorities that endorse an empathetic and non rigid approach, the court emphasised that short delays caused by genuine human or technical problems should be condoned in exercise of administrative discretion, reinforcing the primacy of equity and justice in condonation applications for returns.
Case Laws Income Tax
Embracing Equity in Tax Laws: Recognizing Genuine Difficulties in Condonation of Delays in filing of...
Show AI Summary
Condonation of delay: personal illness of a tax professional can justify relief in filing income tax returns.
The summary establishes that under Section 119(2)(b) of the Income-tax Act, delay in filing returns caused by personal difficulties of a chartered accountant (such as illness of a family member) can be a genuine reason for discretionary condonation; authorities should assess such claims sensitively, require reasoned disbelief if rejecting medical evidence, and interpret discretionary tax powers in light of equity, substantial justice and harmonious construction.
Case Laws Income Tax
Real Income Taxation: Avoiding Double Disallowance of Wages and Salaries Payable
Show AI Summary
Timing difference in wage provisions prevents double disallowance; actual payment deductible after reversal.
Where provisions for wages and salaries are reversed in the return and actual payments are later made and evidenced, those entries represent a timing difference rather than inherently bogus expenditure; treating the same item as disallowable in the earlier year and again disallowing the later payment would result in double disallowance contrary to the taxation of real income.
Case Laws Income Tax
Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer
Show AI Summary
Jurisdictional prerequisite: notice in the name of a deceased person invalidates reassessment initiation under Section 148.
A notice under Section 148 issued in the name of a deceased person is a jurisdictional defect because a valid notice to the correct person is a condition precedent to reopening an assessment; legal representatives have no statutory duty to intimate death; where salary tax has been deducted at source, reassessment cannot be pursued against the deceased or their representatives, and employer non-deposit of TDS does not create an outstanding demand against the assessee or their legal representatives.
Case Laws Income Tax
Revisiting the Scope of "Record" u/s 263: Embracing Subsequent Records
Show AI Summary
Revisional power: Commissioner may consider subsequent records available at time of examination in tax proceedings.
The Court construed the Commissioner's revisional power to permit consideration of all materials relating to the proceeding that are available at the time of his examination, including documents and valuation reports that came on the file after the assessment order; the Explanation to the provision was read as clarificatory, giving an inclusive meaning to "record" rather than restricting it to what the Assessing Officer had when passing the assessment.
Case Laws Income Tax
Interpreting "Record": Revisiting the Scope of Revision Powers u/s 264 and Rectification of Mistake ...
Show AI Summary
Revision powers under section 264: Commissioner must consider expanded record and rehear revision petitions on merits.
The Court held that the Commissioner must consider a revision petition on its merits and that the term record in revision proceedings extends beyond the return and assessment order to include material from other sources and prior assessments. It emphasised consistency in treatment of continuing transactions and required the Principal Commissioner to take into account all relevant materials, identify any apparent mistakes, afford a personal hearing, and pass a reasoned order within a short timeframe.
Case Laws Income Tax
Supreme Court Upholds Validity of Re-Assessment Notices Issued During COVID-19 Lockdown
Show AI Summary
Pandemic relief legislation upheld: re-assessment notices issued during lockdown remain valid despite later procedural rule.
The court interpreted the pandemic relief legislation as providing comprehensive relief that extended to procedural obligations in force at the time of issuance, not confined solely to extensions of time. It applied the principle that statutes operate prospectively and concluded the later-introduced procedural provision does not apply retrospectively to invalidate earlier-issued re-assessment notices, limiting its analysis to the validity of issuance and not the merits of re-assessment proceedings.

TMI Notes

All › Income Tax
Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Home › TMI Notes › Income Tax › Notifications › Category › This
Back

All TMI Notes

Income Tax

Manner of disposal of application for advance ruling under Income Tax Act, 1961

13 June, 2023

Contents
Notifications
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Print Options

Notification No. 38/2023 - Dated: 12-6-2023 - Manner of disposal of application for advance ruling - In case difference of opinion between the members, decision will be taken by Majority with the help of Third Member - e-advance rulings (Amendment) Scheme, 2023

Section 245R 

- The Ministry of Finance has issued a notification regarding amendments to the e-advance rulings Scheme, 2022.
- The Scheme is now called the e-advance rulings (Amendment) Scheme, 2023.
- The amendments come into effect from the date of publication in the Official Gazette.
- In paragraph 6 of the e-advance rulings Scheme, 2022, clause (iv) is replaced with new clauses.
- The Board for Advance Rulings will consider the response and provide an opportunity of being heard to the applicant through video conferencing or video telephony.
- The advance ruling on the specified question will be pronounced and sent to the applicant and the relevant authority.
- If the Members of a Board for Advance Rulings have differing opinions on any point, it will be referred to the Principal Chief Commissioner of Income-tax (International Taxation).
- The Principal Chief Commissioner will nominate one Member from another Board for Advance Rulings, and the majority opinion will prevail in deciding the point or points of disagreement.

 

Full Text:

Notification No. 38/2023 - Dated: 12-6-2023 - Manner of disposal of application for advance ruling - In case difference of opinion between the members, decision will be taken by Majority with the help of Third Member - e-advance rulings (Amendment) Scheme, 2023

Section 245R 

Topics

Acts Income Tax
Next ➔