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
Commissioner of Central Excise and Service Tax , Kanpur Vs AR Polymers Pvt ltd (Supreme Court)
Supreme Court of India : Commissioner of Central Excise and Service Tax , Kanpur Vs AR Polymers Pvt ltd(Supreme Court) Date-21st March 2023 Sub-Whether sale to an institutional customer for onward sale to consumer qualifies for exemption u/s 4(A) of Central Excise Act,1944? The apex court here was dealing with a case where footwear was being supplied under a contract… Read More ...
Indu Goenka Vs Assessment Unit, Income-tax department & Ors (Calcutta High Court)
Calcutta High court : Indu Goenka Vs Assessment Unit, Income-tax department & Ors(Calcutta High Court) Date-16th March 2023 Sub-Whether assessment completed without following standard operating procedure is a valid assessment? The Division bench of Calcutta high court in this case was considering an intra court appeal where Justice Nizamuddin refused to interfere against challenge to the assessment order which… Read More ...
Manish Kumar kaneriya vs. ACIT (Gujarat High Court)
Gujarat High Court : Section 153C read with section 144 orders and penalty orders quashed and set aside for de novo adjudication on the ground of no opportunity of hearing being given to the assessee, the same were sent on old email address of the assessee Read More ...
Lehman Brothers Investments Pte.Ltd . vs Assistant Commissioner of Income Tax (Bombay High Court)
Bombay High Court : The reopening of the assessment based on a different method of computation or application of the section is nothing but a change of opinion, which is impermissible in law. The assessments were completed, and the Officer verified the only transaction during the year under consideration. Thus, there was true and full disclosure of the facts. Read More ...
Digi1 Electronics Pvt. Ltd. vs. Assistant Commissioner of Income Tax (Bombay High Court)
High Court of Bombay: Reassessment proceedings under section 148 of Income-tax Act, 1961 cannot be initiated merely for verification of the information reflected on the Insight Portal. Only after the Assessing Officer has duly verified the information reflected on the Insight Portal, he is vested with the power to initiate reassessment proceedings. Read More ...
Ambaradi Seva Sahkari Mandali Ltd. & Others (ITAT Rajkot)
Rajkot Tribunal : Denying the exemption under Section 80P of the Act merely on the ground of belated filing of return by the assessee is not justifiable. Read More ...
Aggreko Energy Rental India Pvt. Ltd. vs DCIT (ITAT Pune)
Pune ITAT : Explanation 5 to Section 32 of the Act is not applicable in a case, when the department has not thrusted the depreciation on the assessee and allowed the same while computing the income of the assessee. In such a scenario ‘actual cost’ of the asset would be treated as ‘WDV’ of the asset, since no… Read More ...
Orbit Projects Pvt ltd Vs ITO, Ward 5(1),Kolkata & Ors (Calcutta High Court)
Calcutta High Court : Orbit Projects Pvt ltd Vs ITO, Ward 5(1),Kolkata & Ors Date-2nd March 2023 Sub-Whether an Assessing officer ignoring the judgement of Calcutta high court in the case of assessee itself issue a fresh notice u/s 148 disregarding the fact that the company in whose name the notice is issued is no longer in existence and… Read More ...
ITO v. Aam Family Private Trust (ITAT Mumbai)
Mumbai Tribunal : S. 56 : Income from other sources-Relative-Individual-Private discretionary trust-Gift of equity shares to trust-Trust crested for the benefit of self and relatives-Any sum received without consideration, aggregate value of which exceeds fifty thousand rupees-Pass through entity-Provision of section 56(2)(x) is not applicable. [S. 56(2)(x)] The assessee is a private discretionary trust. Settlor Mrs Archana Miglani… Read More ...
CIT Kolkata IV Vs Machino Techno Sales Limited (Calcutta high court)
Calcutta High Court : CIT Kolkata IV Vs Machino Techno Sales Limited (Calcutta high court) Date 20th February 2023 Sub- Whether area sharing by the land owner is eligible to be treated as capital gains in a development agreement and not business income? The division bench of Calcutta high court in this case was considering appeal of department where… Read More ...