Year: 2019

Archive for 2019


Kerala Cricket Association v. ACIT (2019) 265 Taxman 17 / 181 DTR 153/ 310 CTR 273 (SC)

S. 260A : Appeal–High Court-High Court disposed of appeals against order of reassessment merely on basis of its decision on issue of registration under S. 12A and not on merits-Order was to be set aside and, appeals were to be restored to file of High Court for disposal on merits. [S. 12A, 147, 148]

PCIT v. Alpana Bhartia (Smt.) (2019) 265 Taxman 18 (Mag)/ 182 DTR 245/ 311 CTR 732 (Karn.)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–The order passed under section 254(2) cannot be rectified nor amended by invoking sub-section (2) of section 254 once again-Repetitive applications under section 254(2) of the Act are not permissible. [S. 254(1)]

Rakesh P Sheth. v. ITC (2019) 265 Taxman 200 (Mad.)(HC)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Stay-Order of CIT(A) rejecting the stay application is set aside. [Art. 226]

PCIT v. Haldia Petrochemicals Ltd. (2019) 107 taxmann.com 434 / 265 Taxman 434 (Cal.)(HC) Editorial: SLP is granted the revenue, PCIT v. Haldia Petrochemicals Ltd. (2019) 265 Taxman 160 (SC)

S. 234B : Interest-Advance tax–Levy of interest is held to be justified-Except on income which arose from retrospective operation of any statute, decision, etc., because in those type of cases, assessee was unable to know and assess his income and pay advance tax.[S. 234C]

Vodafone India Ltd. v. CIT (TDS) (2019) 265 Taxman 98 (Bom.) (HC)

S. 220 : Collection and recovery-Assessee deemed in default- Stay-Recovered 38% of disputed tax amount-No special circumstances pointed out to permit revenue to carry out full recoveries–Pending disposal of appeal further recovery proceedings were stayed.

Keva Fragrances (P.) Ltd. v. ACIT (2019) 265 Taxman 20 (Mag.) (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default– Stay–Recovery of demand is stayed on deposit of 20% of outstanding demand–Advance tax paid and tax deducted at source while filing the return should also be considered.

Gemini Engi-Fab Ltd. v. DCIT (2019) 265 Taxman 195 / 181 DTR 405 / 310 CTR 587 (Bom.)(HC)

S. 153C : Assessment-Income of any other person-Search-Pendency of writ petition the AO passed the assessment order-Directed to file an appeal and all contentions are left open. [Art. 226]

Rajendra. v. ITO (2019) 265 Taxman 223 (Karn.)(HC)

S. 153A : Assessment–Search-Not furnishing the reasons-Notice and assessment–Alternative remedy is available–Writ is held to be not maintainable.[Art. 226]

PCIT v. Mahendra Singh Asoliya. (2019) 107 taxmann.com / 264 Taxman 288 (Raj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Mahendra Singh Asoliya. (2019) 264 Taxman 287 (SC)

S. 147 : Reassessment–No failure to disclose material facts– Reassessment is bad in law. [S. 148]

Jhankit Chandulal Prajapati v. DCIT (2019) 265 Taxman 33 (Mag.) (Guj.)(HC)

S. 147 : Reassessment-Doctrine of merger-Undisclosed investment-Issue which was subject matter of appeal-Reassessment is held to be bad in law. [S.69, 148, 153A]