These judgements are uploaded by our esteemed readers. If you have a judgement on an important topic that you would like to share with others, please use this form to upload it
AMISH HARESH KUMAR PARIKH VS ASST.COMMISSIONER OF INCOME TAX (ITAT Mumbai)
Mumbai ITAT: PENALTY UNDER SECTION 272A(1)(d) is deleted Read More ...
Sterling Court F wing CO-OP Hsg socy limited vs ITO (ITAT Mumbai)
Mumbai ITAT: THE DEDUCTION UNDER SECTION 80P IS ALLOWED ON BELATED RETURN FILED BY THE ASSESSEES Read More ...
Dy. CIT v. Ashray Investments (ITAT Mumbai)
Mumbai Tribunal : S. 288 : Appearance by authorised representative-Duties-Appellate Tribunal-Adjournment sought by Departmental Representative- Statement of loss of trust in the Bench-Conduct held wholly unacceptable-Revenue representative duty bound to assist Tribunal- Matter adjourned with direction for proper representation. [S. 254(1)] During hearing of a batch of connected appeals involving a common issue, time had earlier been granted… Read More ...
Pravinkumar Jethalal Dave v. State of Maharashtra & Ors. (Bombay High Court)
Bombay High Court: Maharashtra Cooperative Societies Act, 1960 . S. 23(2) : Open membership-Nominee-Succession dispute-Scope of revisional jurisdiction-Nomination does not confer ownership- Majority legal heirs supporting claim-Tenant has no locus to challenge internal arrangement among heirs-Revisional authority exceeded jurisdiction in interfering with grant of membership. [Art. 226] The petitioner, son of a deceased member of a co-operative housing… Read More ...
Arvindbhai Khatri Sons Designs Pvt. Ltd. v. ACIT (ITAT Mumbai)
Mumbai Tribunal : S. 151 : Reassessment-Sanction for issue of notice-Sanction of specified authority-Notice issued beyond three years from end of relevant assessment year-Approval obtained from Pr. CIT instead of Pr. CCIT/CCIT-Invalid assumption of jurisdiction-Reassessment quashed. [S. 144, 147, 148, 148A(d), 151(ii)] The assessee challenged the reopening for A.Y. 2017-18 on the ground that the notice u/s 148… Read More ...
Seeta Nayyar v. ACIT (ITAT Mumbai)
Mumbai Tribunal : S. 54 : Capital gains-Profit on sale of property used for residence-Development agreement-Indexed cost of acquisition-Assessee entitled to indexation on entire property and not restricted to 22.5% land share – Multiple floors in same redeveloped building constitute one residential house – Deduction u/s 54 allowable. [S. 2(47), 45, 48] The assessee, a resident individual, entered… Read More ...
Shri Mukul Rohatgi v. PCIT (ITAT Delhi)
ITAT Delhi: S. 263 : Commissioner-Revision of orders prejudicial to revenue- Long-term capital gains on equity-oriented funds-Annual letting value of properties-Non-initiation of penalty proceedings-Where AO had examined the details and taken a possible view, revision was not justified. [S. 45, 112A, 14A, 23, 24(b), 143(3), 271C] The assessee, a designated Senior Advocate, was assessed u/s 143(3) r.w.s.… Read More ...
Ravi Sellappan v. DCIT, Pune (ITAT Pune)
ITAT Pune: If a particular ground was 'conditionally not pressed' by the Assessee before the CIT (A), the Assessee can raise that ground before the ITAT in Revenue's appeal against the CIT (A)'s order. Dismissal of such a ground by the ITAT without adjudication constitutes a mistake apparent from the record and the order of the ITAT… Read More ...
Rohit Goel v. DCIT (ITAT Delhi)
ITAT Delhi: Reassessment proceedings Section 147 - Where notice under section 148 was issued not only in contravention of provisions of section 151 as sanction of concerned Specified Authority as prescribed i.e PCCIT was not obtained, but same was also time-barred as per provisions of section 149 as same was issued after three years, therefore, impugned notice… Read More ...
Gaurav Kathuria vs ACIT (ITAT Delhi)
Delhi ITAT: Hon'ble Delhi ITAT held that mechanical approval cannot be sustainable in law in the light of judicial dicta available. The approval memo is totally silent on the issues involved and has granted omnibus approval without any thoughtful process being discernible. A single approval u/s 153D has been accorded in respect of Three assessment years and… Read More ...