Definition Of Relative Under Senior Citizens Act Can't Be Treated At Par With Income Tax Act, 1961: Delhi High Court

2 years, 7 months ago

Definition Of Relative Under Senior Citizens Act Can't Be Treated At Par With Income Tax Act, 1961: Delhi High Court

Live Law

The Delhi High Court has held that the petitioner's real intent was to ensure that gift tax is not levied on donee. The division bench of Justice Manmohan and Justice Manmeet Preetam Singh Arora has observed that as per the object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Income Tax Act, 1961, the expression "relative" is not used in a similar context. The petitioner has sought the direction that a "relative" under Section 2 of the Senior Citizens Act, 2007 be treated at par with a "relative" under Section 2 and Section 56 of the Income Tax Act, 1961 for the grant of exemption from income tax on gifts received. The petitioner also challenged the provisos and explanation in Section 56 of the Income Tax Act granting exemption to the relatives while excluding relatives as defined under Section 2 of the Senior Citizens Act. The court ruled that the intent and object of the Senior Citizens Act and the Income Tax Act are entirely different.

Tax Income Tax Income Tax Act Income Relative Senior Citizens Citizens Act Senior Petitioner Par Relatives Senior Citizens Act Section 56 Citizens Act high relative petitioner treated tax definition citizens relatives income 2g act par provisions senior delhi

History of this topic

Tax benefits for senior citizens: How can you maximize savings in AY 2025-26?

2 months ago

Tax benefits for senior citizens: How can you maximize savings in AY 2025-26?

Live Mint

Having a constant source of income adjusted with rising costs in India is a challenge, especially for senior citizens and those not actively employed. Tax benefits for senior citizens The Income Tax of 1961 provides certain tax benefits to senior and super citizens to help them in old age. According to Saif Ahmad Khan, Founder, LEDSAK.AI, “Section 504 relaxation exists …

Fact Check: No, Govt Of India Has Not Announced Any Income Tax Exemption For Senior Citizens Above 75

3 months, 2 weeks ago

Fact Check: No, Govt Of India Has Not Announced Any Income Tax Exemption For Senior Citizens Above 75

ABP News

A post is being widely shared on social media claiming that the central government has announced that senior citizens above 75 years, who rely on pensions and other welfare programs, are exempt from paying income taxes and filing IT returns. However, senior citizens earning more than ₹3 lakhs must pay taxes based on their applicable income tax slab and regime. …

Fact Check: No income tax for senior citizens 75 and above?

3 months, 3 weeks ago

Fact Check: No income tax for senior citizens 75 and above?

India Today

A message being shared on social media claims that senior citizens above 75 years of age would not have to pay income tax any more. According to the information given by the Central Board of Direct Taxes, the central government has changed the law to provide tax exemption to senior citizens, which includes important changes between Rule 31, Rule 31A, …

Senior Citizens Act Cannot Be Used As Machinery For Settling Property Disputes Between Heirs Of Senior Citizens: Bombay High Court

11 months, 1 week ago

Senior Citizens Act Cannot Be Used As Machinery For Settling Property Disputes Between Heirs Of Senior Citizens: Bombay High Court

Live Law

The Bombay High Court recently observed that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as a machinery for settling property disputes between the heirs of senior citizens. Justice Sandeep Marne made these observations while dealing with a writ petition by a man challenging the order of the maintenance tribunal nullifying various gift deeds …

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court

1 year ago

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court

Live Law

The Delhi High Court has ruled that the Senior Citizens Act was enacted for the protection of the senior citizens and cannot be used for settling property disputes.“The Senior Citizens Act, 2007 was enacted with the objective to provide a mechanism to secure maintenance and ensure welfare of senior citizens left bereft of support, financial or otherwise. The Delhi High …

Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Delhi High Court

4 years ago

Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Delhi High Court

Live Law

The Delhi High Court has held that any person, affected by an order passed by a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, is entitled to file an appeal before the Appellate Tribunal. where it was held that that only senior citizens/ parents are entitled to file an appeal against an order passed …

ITR filing exempted for people above 75 years with only pension income

4 years, 1 month ago

ITR filing exempted for people above 75 years with only pension income

India TV News

Finance Minister Nirmala Sitharaman on Monday said senior citizens above 75 years of age with only pension income will now be exempted from filing income tax returns. Under section 80TTB, seniors can claim up to Rs 50,000 interest income received from banks and post offices as a deduction from their income thereby making this type of interest income for senior …

Senior Citizens Act : Is Express Condition To Provide Basic Amenities To Parents Necessary In Transfer Need To Attract Action Under Section 23?Supreme Court To Examine

4 years, 2 months ago

Senior Citizens Act : Is Express Condition To Provide Basic Amenities To Parents Necessary In Transfer Need To Attract Action Under Section 23?Supreme Court To Examine

Live Law

The Supreme Court on Friday issued notice on two petitions challenging a judgment of the Full Bench of the Kerala High Court which held that an express condition to provide maintenance to parents is necessary in the transfer deed for it to be cancelled under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.A. The …

Senior citizens enjoy special income tax benefits. Here are the details

4 years, 5 months ago

Senior citizens enjoy special income tax benefits. Here are the details

Live Mint

India's income tax law provides special benefits to the resident senior citizens and very senior citizens. Income tax benefits available to resident senior and very senior citizens range from higher exemption limit to higher deductions under various income tax sections on account of medical expenses and interest earned on deposits. Read on for the special income tax benefits for senior …

Income tax benefits for senior citizens: Here’s the list

4 years, 6 months ago

Income tax benefits for senior citizens: Here’s the list

Live Mint

India's income tax law pampers senior citizens and very senior citizens with several tax benefits. Income tax benefits available to resident senior and very senior citizens range from higher exemption limit to deductions under various sections on account of medical expenses and interest earned on deposits. Here is the list of income tax benefits for senior citizens and very senior …

Foreign Citizens living in India entitled to benefits conferred under Maintenance and Welfare of Parents and Senior Citizens Act : Punjab and Haryana HC

9 years, 1 month ago

Foreign Citizens living in India entitled to benefits conferred under Maintenance and Welfare of Parents and Senior Citizens Act : Punjab and Haryana HC

Live Law

The Punjab and Haryana High Court has held that foreign citizens living in India are also entitled to benefits conferred under Maintenance and Welfare of Parents and Senior Citizens Act. Challenging an order issued under the Act, the petitioner had contended that an application can be filed only by a “Senior Citizen” which term as per its definition in Section …

Foreign nationals covered under Senior Citizens Act: HC

9 years, 1 month ago

Foreign nationals covered under Senior Citizens Act: HC

Hindustan Times

In a significant judgment, the Punjab and Haryana high court has ruled that foreign citizens living in India are also covered under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a legislation enacted to protect the rights of senior citizens in the country. “The requirement of being a citizen of India is only a part of the …

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Senior Citizens Can Cancel Gift Deed if Children Fail to Care: HC

Trending News

2 days, 5 hours ago

Senior Citizens Can Cancel Gift Deed if Children Fail to Care: HC

Deccan Chronicle

Chennai: Senior Citizens can cancel the gift or settle deeds executed in favour of their children or close relatives if they failed to take care of them, even if it was not explicitly mentioned in the conditions imposed in the deeds, the Madras High Court has ruled. The bench said section 23 of the Maintenance and Welfare of Parents and …

Gift Settlement Care Senior Citizens Her Son Son Act

Senior citizens can cancel gift deed if their children fail to take care of them: HC

2 days, 5 hours ago

Senior citizens can cancel gift deed if their children fail to take care of them: HC

Hindustan Times

Chennai, Senior Citizens can cancel the gift or settle deeds executed in favour of their children or close relatives if they failed to take care of them, even if it was not explicitly mentioned in the conditions imposed in the deeds, the Madras High Court has ruled. Senior citizens can cancel gift deed if their children fail to take care …

Settlement Care Senior Citizens Her Son Son Citizens Act

Income Tax Rules | Centre's Power To Relax Conditions Under Rule 9C Exceptional & Discretionary, Not Ordinarily Subject To Judicial Review: Delhi HC

1 week, 2 days ago

Income Tax Rules | Centre's Power To Relax Conditions Under Rule 9C Exceptional & Discretionary, Not Ordinarily Subject To Judicial Review: Delhi HC

Live Law

The Delhi High Court has made it clear that the power of the Central government to relax conditions prescribed under Rule 9C of the Income Tax Rules 1962, read with Section 72A of the Income Tax Act, 1962, is exceptional, discretionary and cannot ordinarily be subject to judicial review. The use of the expression “having regard to” as used in …

Court Power Judicial Review Conditions Company Rules Rule

Income Tax Department Cannot Attach Properties Indefinitely Without Pursuing Steps To Resolve Matter: Delhi High Court

2 weeks ago

Income Tax Department Cannot Attach Properties Indefinitely Without Pursuing Steps To Resolve Matter: Delhi High Court

Live Law

The Delhi High Court has held that the Income Tax Department cannot, suspecting escapement of tax on income by an assessee, indefinitely attach its properties without taking further steps to resolve the matter. Single judge Justice Sachin Datta observed that Section 222 of the Income Tax Act, 1961 which empowers the Tax Recovery Officer to proceed with “attachment and sale …

Tax Court Income Department Pnb Income Tax Department Petitioner

Respondent Cannot File Cross-Objections To Appeal Before High Court U/S 260A Income Tax Act: Delhi High Court

2 weeks, 3 days ago

Respondent Cannot File Cross-Objections To Appeal Before High Court U/S 260A Income Tax Act: Delhi High Court

Live Law

The Delhi High Court has held that Section 260A of the Income Tax Act, 1961, which pertains to appeals to High Courts, does not envisage the filing of cross-objections by the opposite party, unlike Order XLI Rule 22 CPC. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar observed, “The Legislature appears to have consciously desisted from adopting …

High Court Appeal Court Income Tax Order Right Tribunal

S.153C Income Tax Act | Two-Tier Satisfaction Of Assessing Officers Of Both Searched & Non-Searched Entity Needed Even Prior To 2015 Amendment: Delhi HC

2 weeks, 6 days ago

S.153C Income Tax Act | Two-Tier Satisfaction Of Assessing Officers Of Both Searched & Non-Searched Entity Needed Even Prior To 2015 Amendment: Delhi HC

Live Law

The Delhi High Court has held that even though Section 153C of the Income Tax Act, 1961 did not in its original form prescribe two-tier satisfaction of Assessing Officers of both the searched and non-searched entity for initiating reassessment, the same cannot be deemed absent. “In our considered opinion, while and undoubtedly Section 153C as it stood at the relevant …

Tax Court Assessment Income Tax Income Tax Act Income Person

Enterprise Manufacturing Specified Items In Designated States Can Seek Tax Deduction U/S 80IC Income Tax Act Without Agreement With Govt: Delhi HC

3 weeks ago

Enterprise Manufacturing Specified Items In Designated States Can Seek Tax Deduction U/S 80IC Income Tax Act Without Agreement With Govt: Delhi HC

Live Law

The Delhi High Court has held that Section 80IC of the Income Tax Act, 1961, which contemplates tax incentives for enterprises operating in specific industries and locations in India, does not require such enterprises to enter into an agreement with the Government. It had sought deductions as contemplated under Section 80IC but the same were denied citing non-compliance with Rule …

Court States Income Tax Enterprise Agreement State Section 80Ic

Change In Tax Rate In Future AYs Not Ground For Reassessment Without Fulfilling Jurisdictional Parameters U/S 148 Income Tax Act: Bombay HC

3 weeks, 3 days ago

Change In Tax Rate In Future AYs Not Ground For Reassessment Without Fulfilling Jurisdictional Parameters U/S 148 Income Tax Act: Bombay HC

Live Law

The Bombay High Court has made it clear that merely because the tax rate which is applicable on an assessee changes in future assessment years, is not a ground to initiate reassessment action against it for previous AYs, unless the 'jurisdictional parameters' of Section 148 of the Income Tax Act, 1961 are fulfilled. A division bench of Justices MS Sonak …

Reassessment Assessment Income Tax Resident Rate Four Years Petitioner

Tax Weekly Round-Up: February 10 - February 16, 2025

1 month ago

Tax Weekly Round-Up: February 10 - February 16, 2025

Live Law

NEW INCOME TAX BILL New Income Tax Bill 2025: Concept Of "Tax Year" To Be Introduced Instead Of "Assessment Year", "Financial Year" To Remain Unchanged The new Income Tax bill is set to introduce the concept of 'Tax Year'. In such circumstances, the provisions of Section 21 of the Act would not be applicable and the period of limitation would …

India Supreme Court High Court Tax Court Customs Income Tax

Income Tax department activates section wise mapping of I-T Act, Tax bill

1 month ago

Income Tax department activates section wise mapping of I-T Act, Tax bill

Live Mint

New Delhi, Feb 15 Income Tax payers can now match the sections of the I-Tax Act, 1961, with the corresponding clauses in the simplified I-T Bill, 2025, on the tax department portal. Also, Section to Section mapping as per Income Tax Act, 1961 and Section number as per New Income Tax Bill has been uploaded on the I-T department's website. …

Tax Income Tax Act Income Bill Tax Bill Income Tax Bill Department Activates

A lowdown on simpler, shorter, crisper Income Tax Bill, 2025

1 month ago

A lowdown on simpler, shorter, crisper Income Tax Bill, 2025

New Indian Express

MUMBAI: The New Income Tax Bill 2025, which will replace the 1961 Act, is an attempt at simplifying the tax rules. Another key change is doing away with the 1,200 provisos and the 900 explanations - each change in taxation laws have been passed by Parliament and become part of existing Act - in the new Bill presented in the …

Tax Bill Crisper Income

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

1 month, 1 week ago

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

Live Law

The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Single …

Court Maintenance Order Tribunal Act Senior Father

India’s Income Tax Bill sets the stage for significant reforms

1 month, 1 week ago

India’s Income Tax Bill sets the stage for significant reforms

Live Mint

The Income Tax Act of 1961 has undergone innumerable amendments since its inception. We have an outdated Income Tax Act, burdened with obsolete provisions and a cumbersome structure, especially in the context of economic liberalization, which reduced the government’s role in the economy. Given that the Centre has undertaken major reforms in recent years—introducing a new Companies Act, overhauling civil …

Law Tax Income Act Parliament Bill Tds

High Court Within Whose Jurisdiction AO Passes Assessment Order Has Jurisdiction To Entertain Appeal U/S 260A Income Tax Act: Delhi HC

1 month, 1 week ago

High Court Within Whose Jurisdiction AO Passes Assessment Order Has Jurisdiction To Entertain Appeal U/S 260A Income Tax Act: Delhi HC

Live Law

The Delhi High Court has reiterated that only such High Court within whose jurisdiction the Assessing Officer passing an impugned assessment order is situated would have the jurisdiction to entertain an appeal under Section 260A of the Income Tax Act, 1961. It submitted that since the original assessment order was passed by the AO in Amritsar, therefore, Delhi High Court …

Delhi High Court Jurisdiction Appeal Tax Assessment Income Tax

New Income Tax Bill To Be Tabled In Parliament Tomorrow, To Have 622 Pages

1 month, 1 week ago

New Income Tax Bill To Be Tabled In Parliament Tomorrow, To Have 622 Pages

ABP News

A crispier and simplified Income Tax Bill 2025, having 536 sections, and 23 chapters running into 622 pages, is likely to be introduced in the Lok Sabha on Thursday. The Bill once enacted will replace the six-decade old Income Tax Act 1961, which over the years became bulkier and complex with amendments. The Income Tax Bill, 2025 comprises 536 sections, …

Tax Income Act Parliament Bill Cbdt 1961

Chennai residents receive misleading information about property tax rebate for senior citizens on social media

1 month, 1 week ago

Chennai residents receive misleading information about property tax rebate for senior citizens on social media

The Hindu

Residents across the city have started receiving misleading information about property tax rebate for senior citizens offered by Chennai Corporation. The message read: “In Chennai, the Senior Citizens Discount on property taxes is a concession offered by the Greater Chennai Corporation to senior citizens who own properties in the city.” T.Nagar resident V.S.Jayaraman said he received a message on WhatsApp …

Social Media Property Chennai Property Tax Senior Citizens Citizens Senior

Cabinet okays bill to replace Income Tax Act, may be tabled in parliament soon

Top News

1 month, 1 week ago

Cabinet okays bill to replace Income Tax Act, may be tabled in parliament soon

Live Mint

The Union cabinet on Friday approved a bill to replace the more than six-decade-old Income Tax Act,1961 with a new, simpler and easy-to-understand law, as part of the government's regulatory reforms. The new Income Tax Bill is a key element of the regulatory reforms announced by finance minister Nirmala Sitharaman in her budget speech on 1 February, which outlined the …

Law Tax Income Cabinet Bill Skill India Chaufla

New Income Tax Bill to Simplify Compliance

1 month, 2 weeks ago

New Income Tax Bill to Simplify Compliance

Deccan Chronicle

New Delhi: The new income tax bill, likely to be tabled in Parliament next week, will not have long sentences, provisos and explanations. “The new income tax bill is expected to make compliance of the income tax law easier for taxpayers and income tax authorities by reducing complexity. The new income tax bill, which will replace the Income Tax Act, …

Law Tax Budget Income Bill

Suo Moto Disallowance Made By Assessee Under Bonafide Belief Of Tax Liability Can Be Rectified U/S 264 Of Income Tax Act Without Amending ITR: Delhi HC

Trending News

1 month, 2 weeks ago

Suo Moto Disallowance Made By Assessee Under Bonafide Belief Of Tax Liability Can Be Rectified U/S 264 Of Income Tax Act Without Amending ITR: Delhi HC

Live Law

The Delhi High Court has held that an application for revision under Section 264 of the Income Tax Act, 1961 can be preferred by an assessee who makes suo motu disallowance in its Return of Income, under a bonafide yet mistaken belief that the same was liable to be offered for taxation. Granting relief to the petitioner, the High Court …

Tax Court Income Tax Income Commissioner Itr Petitioner

Suo Moto Disallowance Made By Assessee Under Bonafide Belief Of Tax Liability Can Be Rectified U/S 264 Of Income Tax Act Without Amending ITR: Delhi HC

Trending News

1 month, 2 weeks ago

Suo Moto Disallowance Made By Assessee Under Bonafide Belief Of Tax Liability Can Be Rectified U/S 264 Of Income Tax Act Without Amending ITR: Delhi HC

Live Law

The Delhi High Court has held that an application for revision under Section 264 of the Income Tax Act, 1961 can be preferred by an assessee who makes suo motu disallowance in its Return of Income, under a bonafide yet mistaken belief that the same was liable to be offered for taxation. Granting relief to the petitioner, the High Court …

Tax Court Income Tax Income Commissioner Itr Petitioner

[Senior Citizens Act] Son-In-Law Must Vacate Father-In-Law's House In Case Need Arises For Peaceful Income For Senior Citizen U/S 23 Of The Act: MP HC

1 month, 2 weeks ago

[Senior Citizens Act] Son-In-Law Must Vacate Father-In-Law's House In Case Need Arises For Peaceful Income For Senior Citizen U/S 23 Of The Act: MP HC

Live Law

The Madhya Pradesh High Court in a recent ruling ordered eviction of a son-in-law residing on premises belonging to his retired father-in-law who needed the said property as a source of additional income to maintain his wife and children. Dismissing the appeal, the High Court upheld the decision of the writ court wherein it was opined that by implication if …

Property House Respondent Need Act Senior Single

India’s tax laws set for a revamp: What is the new Income Tax Bill? How will it affect you?

Trending News

1 month, 2 weeks ago

India’s tax laws set for a revamp: What is the new Income Tax Bill? How will it affect you?

Firstpost

Finance Minister Nirmala Sitharaman is set to introduce a new Income Tax Bill aimed at simplifying the six-decade-old tax system in the coming week. File Image/Reuters Finance Minister Nirmala Sitharaman is set to introduce a new Income Tax Bill in Parliament next week, aiming to simplify the six-decade-old Income Tax Act of 1961. Simplification of tax compliance One of the …

India Income Sitharaman Parliament Bill System Expected

Budget 2025: A Game-Changer for individual taxpayers, strengthening the middle class and driving economic growth

1 month, 2 weeks ago

Budget 2025: A Game-Changer for individual taxpayers, strengthening the middle class and driving economic growth

Live Mint

The Budget 2025 has become a beacon of hope for individual taxpayers amidst a global landscape marred by the threat of "retreating globalization," and a domestic economy grappling with inflation and subdued growth. The key personal income-tax proposals that are set to redefine personal finance are as follows: Increased tax threshold for tax rebate The new tax regime introduces a …

Income Senior Citizens Regime Inr Tds Nps Lakhs

New income tax bill will be introduced next week: Nirmala Sitharaman

1 month, 2 weeks ago

New income tax bill will be introduced next week: Nirmala Sitharaman

Deccan Chronicle

New Delhi: Reaffirming the commitment of the tax department entailing ‘trust first and scrutinise later’, Union finance minister Nirmala Sitharaman on Saturday said that she would be introducing the new income tax bill next week. The finance minister said that the government would replace the six-decade old income tax act of 1961the new I-T bill in Parliament next week. Thereafter, …

Tax Income Direct Taxes Sitharaman Act Bill

Co-Owner Of Property Not Receiving Income From It Not Liable To Pay Tax On Income From Such Property: Delhi High Court

1 month, 3 weeks ago

Co-Owner Of Property Not Receiving Income From It Not Liable To Pay Tax On Income From Such Property: Delhi High Court

Live Law

The Delhi High Court has held that where a property is held jointly but only one co-owner reaps the benefit of income from such property, the other co-owner cannot be held liable to pay tax merely by virtue of co-ownership. This explanation was not accepted by the Assessing Officer, who proceeded to hold that the property would be liable to …

Delhi Tax Property Income Tax Income Held Liable

[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HC

1 month, 3 weeks ago

[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HC

Live Law

The Kerala High Court stated that the Income Tax Commissioner can exercise Revisional Jurisdiction under Section 263 of the Income Tax Act, 1961. Jayasankaran Nambiar and Easwaran S. observed that “The role of the assessing officer under the Income Tax Act, 1961 is not only that of an adjudicator but also of an investigator and he cannot remain oblivious in …

Income Tax Order Income Officer Act Assessee 263

Supreme Court asks petitioner seeking exclusive Ministry for senior citizens to approach Government

2 months ago

Supreme Court asks petitioner seeking exclusive Ministry for senior citizens to approach Government

The Hindu

The Supreme Court of India on Friday allowed a petitioner seeking the creation of a dedicated Ministry for senior citizens in the country to make a representation before the government. Narasimha, who light-heartedly said even judges were part of the senior citizen age group, told petitioner-advocate G. Priyadarshini, represented by senior advocate Gopal Sankaranarayanan and advocate Rahul Shyam Bhandari, the …

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Tax Weekly Round-Up: January 13 - January 19, 2025

2 months ago

Tax Weekly Round-Up: January 13 - January 19, 2025

Live Law

SUPREME COURT 'Will Pull You Up' : Supreme Court Asks GST Department To Rectify Issues Over Fake Invoices, Asks How Genuine Purchasers Are Liable The Supreme Court on Wednesday flagged a recurring problem in GST matters whereby genuine purchasers who paid Goods and Services Tax face issues because their suppliers raised fictitious bills to evade crediting the GST to the …

Finance India Delhi Supreme Court Tax Court Gujarat

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court

2 months ago

Persons Being Taken Care Of By Relatives Also Entitled To Claim Old Age Pension: Madras High Court

Live Law

The Madras High Court recently observed that the Indira Gandhi National Old Age Pension Scheme did not contain any specific provision that excluded persons who were being taken care of by their relatives. Thus, Justice GK Ilanthiraiyan ordered benefits to be given to an octogenarian whose application for old age pension was rejected due to the fact that he was …

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If Assessee Produces Accounts, AO Must Be Satisfied That Accommodation Entries Exist Before Proceeding U/S 148 Of Income Tax Act: Delhi HC

Trending News

2 months, 1 week ago

If Assessee Produces Accounts, AO Must Be Satisfied That Accommodation Entries Exist Before Proceeding U/S 148 Of Income Tax Act: Delhi HC

Live Law

The Delhi High Court has held that an Assessing Officer is required to be satisfied that accommodation entries as alleged in show cause notice under Section 148A of the Income Tax Act 1961 exist, particularly where the assessee produces its accounts. Clearly, the AO is required to be satisfied that such entries exists particularly where the petitioner had produced its …

Tax Income Tax Income Notice Act Transactions Petitioner

Tax Weekly Round-Up: 6th January - 12th January 2025

2 months, 1 week ago

Tax Weekly Round-Up: 6th January - 12th January 2025

Live Law

SUPREME COURT Reduction In Share Capital Amounts To Transfer Of Capital Asset Under Income Tax Act : Supreme Court Case Name: PRINCIPAL COMMISSIONER OF INCOME TAX-4 & ANR v. M/S. : While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated …

India Delhi Tax Court Customs Income Tax Title

Budget 2025: Looking back at tax relief measures for senior citizens in 2024

2 months, 1 week ago

Budget 2025: Looking back at tax relief measures for senior citizens in 2024

India Today

As Finance Minister Nirmala Sitharaman prepares to present her eighth Union Budget on February 1, 2025, senior citizens are hopeful for meaningful tax reforms. NOTABLE REFORMS IN BUDGET 2024 Last year’s budget introduced several changes tailored to senior citizens. ITR FILING MADE SIMPLER Section 194P, introduced in Budget 2024, simplified the tax filing process for senior citizens aged 75 and …

Tax Income Senior Citizens Citizens Senior Budget 2024

Income Tax Dept Can Invoke S.159 When Reassessment Notice Was Issued During Lifetime Of Deceased Assessee: Delhi HC

2 months, 1 week ago

Income Tax Dept Can Invoke S.159 When Reassessment Notice Was Issued During Lifetime Of Deceased Assessee: Delhi HC

Live Law

The Delhi High Court has held that Section 159 of the Income Tax Act can be invoked to proceed against the legal representative of an assessee, only in cases where the reassessment notice was issued to the assessee during his lifetime, not after. At the outset, the division bench of Justices Yashwant Varma and Dharmesh Sharma noted that “Section 159 …

Legal Court Reassessment Income Tax Notice Act Issued

Twin Conditions U/S 127 Of Income Tax Act For Transferring Assessee's Case From One Officer To Another Are Mandatory: Himachal Pradesh HC

2 months, 1 week ago

Twin Conditions U/S 127 Of Income Tax Act For Transferring Assessee's Case From One Officer To Another Are Mandatory: Himachal Pradesh HC

Live Law

The Himachal Pradesh High Court has elucidated the mandatory twin conditions for transfer of an assessee's case under Section 127 of the Income Tax Act, 1961, from one Assessing Officer to another. A division bench of Justices Tarlok Singh Chauhan and Rakesh Kainthla observed, “The twin conditions to be complied with by the respondents for transferring the case of the …

Delhi Tax Court Income Tax Income Respondent Department

Reassessment U/S 150 Of Income Tax Act Can't Be Initiated On Mere 'Incidental' Findings Of Appellate Authority: Delhi High Court

2 months, 2 weeks ago

Reassessment U/S 150 Of Income Tax Act Can't Be Initiated On Mere 'Incidental' Findings Of Appellate Authority: Delhi High Court

Live Law

The Delhi High Court has held that Section 150 of the Income Tax Act, 1961 can be invoked for reassessment only to give effect to a 'conclusive finding' by an appellate authority regarding escapement of income by an assessee. Both terms demand a direct and substantive nexus to the matter under adjudication and cannot extend to incidental or ancillary conclusions.” …

Court Reassessment Order Income Capital Direction Effect

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

2 months, 2 weeks ago

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

Live Law

The Karnataka High Court has held that the right of appeal against an order passed by the Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, is only available to senior citizens and parents and no such right is extended to children or third parties. The court said “The only reasonable interpretation of Section 16 of the …

Appeal Parents Court Order Right Senior Citizens Tribunal

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

2 months, 2 weeks ago

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

Live Law

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench …

Court Transfer Power Order Senior Citizens Tribunal Citizens

Tax Weekly Round-Up [23rd December - 29th December 2024]

2 months, 3 weeks ago

Tax Weekly Round-Up [23rd December - 29th December 2024]

Live Law

HIGH COURTS Bombay HC ITO Acted On Complete Change Of Opinion On Same Material With Intent To Review Assessment Order Passed By Him: Bombay HC Quashes Reopening Case Title: Imperial Consultants and Securities vs. Deputy CIT Case no. Amendment In Finance Act Can't Retrospectively Affect Vested Right Of Taxpayer To Adjudicate Settlement Application U/S 245: Calcutta HC Case Title: Pradeep …

Justice Tax Court Customs Assessment Income Tax Act Income

[Income Tax] No Substantial Question Of Law Arises If Perversity Cannot Be Shown In Order Passed By Tribunal: Allahabad High Court

3 months, 2 weeks ago

[Income Tax] No Substantial Question Of Law Arises If Perversity Cannot Be Shown In Order Passed By Tribunal: Allahabad High Court

Live Law

The Allahabad High Court has held that no substantial question of law arises in a case where no perversity can be shown in the order passed by the Income Tax Tribunal in appeal under Section 260A of the Income Tax Act, 1961. had passed orders without inquiries or verification and thus the present situation stood covered under Explanation 2 to …

Record Appeal Tax Court Income Tax Order Income

AO Cannot Assess 'Other Incomes' If No Addition Is Made On Account Of 'Reasons' For Which Reassessment U/S 147 Of IT Act Was Initiated: Delhi HC

3 months, 2 weeks ago

AO Cannot Assess 'Other Incomes' If No Addition Is Made On Account Of 'Reasons' For Which Reassessment U/S 147 Of IT Act Was Initiated: Delhi HC

Live Law

The Delhi High Court has made it clear that an Assessing Officer cannot assess other incomes of an Assessee in a case where no addition is made on account of the “reasons” for which reassessment under Section 147 of the Income Tax Act, 1961 was initiated. Section 147 empowers the AO to assess or reassess income and also any other …

Reassessment Assessment Income Act Reasons Assess Assessee

Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court

3 months, 2 weeks ago

Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court

Live Law

While entertaining an Income Tax Appeal, the Allahabad High Court has held that an appeal under Section 260A of the Income Tax Act, 1961 cannot be sustained without establishing a perversity with the fact finding of the Tribunal. A catena of Supreme Court judgments have concluded that in relation to facts, no substantial question of law would arise unless the …

High Court Appeal Tax Income Tax Income Tax Act Order Income

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

3 months, 3 weeks ago

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

Live Law

The Orissa High Court has held that Social Welfare Surcharge leviable on customs duty will be nil where a trader is exempted from paying customs duty under the Merchandise Exports from India Scheme. It relied on Union of India v. Modi Rubber Ltd. where the issue before the Supreme Court was- where there had been partial exemption of duty payable, …

India Court Social Welfare Customs Duty Pay Act

Tax Weekly Roundup: November 18 - November 24, 2024

3 months, 3 weeks ago

Tax Weekly Roundup: November 18 - November 24, 2024

Live Law

SUPREME COURT Mobile Towers & Pre-Fabricated Buildings Moveable Properties, Qualify As 'Capital Goods' For CENVAT Credit : Supreme Court Case title: M/S BHARTI AIRTEL LTD. v. THE COMMISSIONER OF CENTRAL EXCISE, PUNE Case no. The Court also found substance in State's argument that part of revenue is lost when vehicle is purchased from outside the State and therefore, it held, …

Justice Delhi Writ Petition Tax Court Customs Income Tax

Tax Weekly Roundup: November 18 - November 24, 2024

3 months, 3 weeks ago

Tax Weekly Roundup: November 18 - November 24, 2024

Live Law

SUPREME COURT Mobile Towers & Pre-Fabricated Buildings Moveable Properties, Qualify As 'Capital Goods' For CENVAT Credit : Supreme Court Case title: M/S BHARTI AIRTEL LTD. v. THE COMMISSIONER OF CENTRAL EXCISE, PUNE Case no. The Court also found substance in State's argument that part of revenue is lost when vehicle is purchased from outside the State and therefore, it held, …

Justice Delhi Writ Petition Tax Court Customs Income Tax

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court

3 months, 3 weeks ago

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court

Live Law

S.153C Income Tax Act doesn't bar AO's jurisdiction to reopen assessment u/S 147 when information against assessee is received from search conducted on another person: Delhi High CourtThe Delhi High Court has held that Section 153C of the Income Tax Act, 1961 does not by itself preclude an Assessing Officer from reopening assessments under Section 147/148 of the Act, on …

Delhi Jurisdiction Tax Court Assessment Income Tax Income Tax Act

Relief to middle class? Inflation offsets hike in tax exemption limit

4 months ago

Relief to middle class? Inflation offsets hike in tax exemption limit

New Indian Express

NEW DELHI: The government recently claimed that Income tax burden on the common man has come down in the last 10 years, thanks to the Narendra Modi-led government’s various measures. It claimed that taxpayers in the Rs 2.5-7 lakh tax bracket who paid on an average Rs 25,000 in FY14 are now paying zero tax. Fast forward to FY 2024-25, …

Tax

[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC

4 months, 1 week ago

[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC

Live Law

The Delhi High Court has held that in order to invoke Section 263 of the Income Tax Act, 1961, the Principal Commissioner must satisfy “twin conditions”, i.e. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed, “Twin conditions have to be met for assuming jurisdiction under Section 263 of the Act, and the PCIT has to form …

Court Income Tax Case Interest Revenue Held Commissioner