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SKF India Ltd. v. Dy. CIT (ITAT Mumbai) (Special Bench)
Mumbai Tribunal : S. 50 : Capital gains-depreciable assets-Block of assets-Sale of depreciable asset-Long-term capital asset-Short term capital gains- Tax is leviable at 20% as long term under seecti0n 112 of the Act and not at 30% which is applicable to short term capital gains. [S. 2(11), 2(29AA), 2(29B), 2(42A), 2(42B), 2(45), 43(6), 48, 49, 50(1), 50(2), 50A,… Read More ...
North Bihar Power Distribution Company Limited vs PR. CIT-1, PATNA (ITAT Patna)
IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH: i. We have heard the rival contentions and perused the material available on record. From the perusal of the material placed on record in respect of the issues which formed the basis for passing the order u/s. 263 of the Act, we note that it is not a case of lack of enquiry. We observe… Read More ...
Bahar Infocons Pvt. Ltd. v. PCIT (Bom.)(HC) (UR)
Bombay High Court: S. 264 : Commissioner-Revision of other orders-Income wrongly offered to tax and paid taxes-Assessment completed under section 143(1)-Time for filing revised return under section 139(5) has expired-Double addition- Order of Commissioner dismissing the revision application is set aside-Commissioner is directed to allow the claim of the assessee by passing an appropriate order. [S. 43B, 139(5),… Read More ...
SUNIL CHABLANI vs. COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) (ITAT JAIPUR)
ITAT, JAIPUR 'B' BENCH: Case decided in favour of : In favour of : Assessee Reassessment—Validity—Notice under s. 148 issued by non-jurisdictional AO—AO has not controverted that the residential status of the assessee is NRI as on the date of issue of notice under s. 148—Further, the order-sheet entry dt. 16th March, 2023 shows that Faceless Assessment Unit requested… Read More ...
UOI vs. Rajiv Bansal (Supreme Court)
Supreme Court: SC ruled in Revenue’s favour in TOLA batch of re-assessment cases; TOLA will extend time limit in reassessment cases, specifies tests to be applied for relevant assessment years in old & new regime; Directions in Ashish Agarwal judgment will extend to all 90,000 show cause notices; Allahabad HC judgment in Rajeev Bansal, Bombay HC judgment,… Read More ...
Ramniklal and Sons Vs. Income Tax Officer – 19(3)(1) (ITAT Mumbai)
ITAT, MUMBAI: We have gone through the documentary evidences placed before us in the paper book. We also take note of the judicial precedent of the Hon'ble Jurisdictional High Court of Bombay in the case of PCIT vs Mohammed Haji Adam and Co. [2019] 103 taxmann.com 459 (Bom) which has a relevance in the present set of… Read More ...
Amit Vyas vs. ITO (ITAT Indore)
ITAT Indore: Delay Read More ...
District Organiser Tribal Welfare Bhopal vs. ITO TDS (ITAT Indore)
ITAT Indore: 1. Delay in filing of appeal 2. Default in Deduction of TDS Read More ...
Tvl.Deepa Traders versus The Deputy Commissioner (ST), GST-Appeal (Madras High Court)
Madras High Court: Condonation of delay: If notice is uploaded in the portal but no hard copy is served on the assessee, delay in filing appeal can be condoned The petitioner claimed that due to ambiguity in the procedure adopted after the GST enactment, he failed to note the show cause notice issued by the second respondent showing… Read More ...
Allied Engineers and Elastomers v. ITO (ITAT Mumbai)
Mumbai Tribunal : S. 147 : Reassessment-After the expiry of four years-Bogus purchases and sales-Accommodation entries-Information from DDI (Inv)-Cross examination-Denied giving accommodation entries-Reassessment order is quashed. [S. 69C] The assessment was reopened on the basis of information received from DDIT (Inv) on the basis of enquiry on Giriraj Enterprises, the proprietor Mr. Harish K. Chandak alleged has given… Read More ...