Curated by retired Income Tax Department officers
This Week at ITAT & HC
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- 1 · ITAT · Mumbai Bench
No. GST and service tax, collected on behalf of the government, are excluded from sales turnover for §44BB computation.
Strip statutory levies out of any presumptive-scheme turnover computation and cite the settled line; the SLP dismissal makes the position durable.
Full note → - 2 · CBDT
Notification 34/2024 (19-03-2024) adds §43B(h) disallowance to Clause 22 of Form 3CD; businesses paying micro and small enterprises must reflect it in Clauses 22 and 26.
Reconcile creditor ageing against Udyam registrations before the audit sign-off: the 3CD now exposes §43B(h) lapses on its face.
Full note → - 3 · CBDT
The new tax regime becomes the default, with fresh disclosures for online-game winnings, political-party donations, disability-related expenses and Agniveer Corpus contributions.
Update intake checklists for the new disclosure lines before filing season; regime election now needs an explicit client decision, not a default.
Full note → - 4 · High Court · Madras
The Court held 45 days reasonable and directed the authority to grant that period for producing the closed account's statements.
Where third-party records take time, put a specific, justified timeline on record immediately; courts protect documented reasonableness.
Full note → - 5 · ITAT · Cuttack Bench
Yes. A 145-day delay was condoned where the assessee did not receive orders sent through email, many of which go to spam folders.
In condonation applications, evidence the email trail (inbox, spam, portal log); service that never reached the eye supports sufficient cause.
Full note →