Taxmann Daily
Dear Reader,
Today’s newsletter analytically summarizes the top stories reported at taxmann.com.
CBDT couldn't condone delay to carry forward loss if same wasn't even claimed in original ITR: HC
Assessee filed his return of income for the year 2015-16 belatedly under Section 139(4) by declaring a total income of Rs. 3,30,398. The assessee's account was maintained by a part-time unqualified accountant, and though the assessee had incurred a loss of Rs. 2,52,12,010 on account of derivative transactions, the same was not claimed while filing the return of income.
The case of the assessee was selected for scrutiny assessment, and notices under Section 143(2) and 142(1) were issued, and an addition of Rs. 12,708 was made. Assessee filed a return of income for Assessment Year 2016-17, declaring a total income of Rs. 2,09,140. He had earned a profit of Rs. 80,18,157 for Assessment Year 2016-17 on account of derivative transactions and accordingly adjusted the unabsorbed loss amounting to Rs. 2,52,12,010 incurred by him in the Assessment Year 2015-16.
The Assessing Officer (AO) did not allow the carry forward of loss of Assessment Year 2015-16 as the same was not claimed in the return of income and added an amount of Rs. 80,97,138 to the income of the assessee, raising a demand on the said income.
Assessee applied to the CBDT under section 119(2)(b) to condone the delay in claiming the loss he incurred on account of the derivative transactions. The CBDT rejected the application for the delay in filing the return of income for Assessment Year 2015-16.
The matter reached before the Gujarat High Court.
The Gujarat High Court held that Section 139(3) of the Income-tax Act provides for filing a return of income to enable the assessee to carry forward if the return is filed within time as per Section 139(1). If the assessee made a claim belatedly, the delay in making such claim can be condoned by the AO for the purpose of permitting the assessee to claim the loss so as to carry forward in the next year for set off. Therefore, there was no question to condone the assessee's delay to carry forward such loss.
Moreover, the assessee also failed to show any hardships, much less any genuine hardship, when filing the return of income for the relevant Assessment Year only. Thus, no interference was called for in the impugned order passed by the AO.
India strengthens bilateral ties with Mauritius; enters protocol to amend DTAA to make it compliant with BEPS
On March 13, 2024, President Droupadi Murmu concluded her state visit to Mauritius, holding talks with Prime Minister Pravind Jugnauth to bolster bilateral ties. Leaders witness the exchange of 4 agreements, including the protocol to amend the India-Mauritius Double Tax Avoidance Agreement (DTAA) to make it compliant with Base Erosion and Profit Shifting (BEPS) Minimum Standards.
The other agreements are as follows:
a) MoU between International Financial Services Centres Authority (GIFT City) and Financial Services Commission, Mauritius;
b) MoU between Public Service Commission, Mauritius and Union Public Service Commission;
c) MoU between the Central Bureau of Investigation, India and the Independent Commission Against Corruption of Mauritius.
That’s it from us for today! Stay Tuned for more updates from Taxmann.com.
Taxmann.com | Research | Income Tax – Harness the Real Power
??85,000+ Case Laws with Integration and Headnotes/Case-Digest
Offers multiple filters and coverage from all courts
Includes 'three-line digest' for a quick overview of the case ratio
'Headnote' provides a summary of facts and ratio
'Case-digest' for detailed facts and ratio information
??Authentic, Amended & Updated Acts/Rules with Annotations & Integration
Features real-time updates of Income Tax Act/Rules and other allied Acts/Rules
Ensures authenticity and accuracy of information
Includes a 'See More' feature linking related Case Laws, Circulars, Notifications, Articles, etc.
??Authentic, Amended & Updated Forms
Covers Income-tax Forms, other Forms, Challans, Income-tax Returns, Models, and Drafts
Lists all ITRs & Forms as per Income-tax Rules
Includes various forms referred to in Income-tax Rules & allied Rules
??16,300+ Circulars & Notifications
Includes Circulars & Notifications from Income Tax Act/Rules and other allied Acts/Rules
Updated in real-time for the most current and authentic information
The 'See More' feature integrates relevant Case Laws, Sections, Articles, etc.
??9,500+ Articles
Provides insights into the grey areas of laws with articles/opinions from industry leaders
Features articles/opinions on the Income Tax Act & Allied Acts
??Income Tax Ready Referencer for Daily Tax Work
Offers access to various daily required tax information
Includes Tax Rates, Depreciation Rates, TDS and TCS Rates, Interest on Small Savings Schemes, and Cost Inflation Index
??10+ Commentaries
Provides in-depth, detailed write-ups on Income-tax Act provisions
Each commentary is divided into multiple chapters for easy reference
Authored by leading experts and updated after every Finance Act
??All-About? Income Tax Act
Trademarked feature for quick access to primary & secondary documents
Simplifies work by showing connected records in a single window for any selected Section of the Income-tax Act
??Latest News & Updates with Taxmann's Analysis
Know Income Tax Law news & updates in India within three minutes
Provides single-line and three-line summaries for quick understanding
Sourced from 1,000+ authentic & verified sources
Includes 'Most Viewed' stories, 'Editors Pick', and archival news with filters.
??Others
Finance Act – Repository of all Finance Acts since 1961, with amended & annotated sections
Finance Bill – Includes budget highlights, Finance Minister's speech, actual Bill, Memorandum, and Notes on Clauses
CBDT Explanatory Notes on Finance Acts – Circulars explaining amendments since 1961, accessible year-wise, subject-wise, and section-wise
Income Tax Reports – Access to 50+ reports from various committees on taxation law changes and recommendations
Subscribe Now and Transform the Way You Work! https://taxmann.social/Xy7an