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Rajiv Kumar v. ACIT (ITAT Chandigarh)
ITAT Chandigarh: S. 142(2A) : Inquiry before assessment-Special audit-Reference to Special Audit-Without opportunity of being heard-Illegal-No extension of time for assessment-Additional ground-Assessment order is barred by limitation. [S. 143(3), 153, 254(1)] The assessee has raised additional ground before the Tribunal the appointment of special auditor u/s. 142(2A) deserves to be declared illegal since the said appointment is… Read More ...
Shekhar Resorts Limited Vs Union of India & Ors (Supreme Court)
Supreme Court of India : Shekhar Resorts Limited Vs Union of India & Ors (Supreme Court) Date -5th January 2023 Sub-Whether delayed payment of service tax under Sabka Viswas Scheme due to reasons beyond control makes the declaration under the scheme infructuous? An interesting question arose before Hon’ble Supreme Court of India when the appellant had filed an application under… Read More ...
Disallowance of PF ESIC vide 143(1) intimation is correct: ITAT-Pune
ITAT PUNE: Disallowance of PF ESIC vide 143(1) intimation is correct: ITAT-Pune Read More ...
ACIT v. Global Holding Corporation Pvt. Ltd. (ITAT Mumbai)
Mumbai Tribunal : S. 147 : Reassessment - Cash credits - Share application money - Settlement Commission accepted the returned income as per settlement petition – Reassessment notice was issued on the basis of subsequent search action in the group concern - Assessing Officer has no jurisdiction to issue notice under section 148 of the Act after passing… Read More ...
Uniroyal Sthaptya vs. PCIT (ITAT Rajkot)
Rajkot ITAT: The issue which was the subject matter of 263 proceedings has been specifically discussed by the AO during the course of assessment and therefore it is not a case where there has been no enquiry which has been made by the AO on the applicability of provisions of section 115BBE of the Act in the… Read More ...
Cash receipt by ‘Co-op. Society’ from dealer across multiple days not to be aggregated for Sec. 269ST purpose: CBDT
CBDT: Reference was received by the CBDT as to whether receipt of cash by Co-operative Societies from a distributor for the sale of milk on a bank holiday or a day when the bank is closed should be considered a single transaction or aggregated with all such cash receipts from the distributor in the previous year… Read More ...
HARISH JAIN vs. PRINCIPAL COMMISSIONER OF INCOME TAX (ITAT Jaipur)
ITA No. 214 to 216/JPR/2022 For A.Y. 2012-13, 2015-16 & 2016-17RAM KISHAN VERMA VS. PCIT( CENTRAL), Jaipur : Revision—Scope—Non-initiation/initiation of penalty proceedings under wrong provision—Sec. 263 cannot be invoked to correct each and every type of mistake or error committed by the AO—It is only when an order is erroneous as also prejudicial to revenue's interest, that the provision will be attracted—Revisional jurisdiction of the Principal CIT starts only after the conclusion of… Read More ...
Tumkur Minerals (P.) Ltd. v. Joint Commissioner of Income-tax (High Court of Bombay at Goa)
High Court of Bombay at Goa: Facts The A.O. issued the impugned notice dated 29.03.2019 under section 148 of the Income-tax Act, 1961, seeking to reopen the assessment for A.Y. 2012-13. Thus, the impugned notice was issued after the expiry of 4 years from the end of the relevant A.Y. Upon receipt of the impugned notice, the Petitioner sought reasons and… Read More ...
PRINCIPAL COMMISSIONER OF INCOME TAX, SILIGURI -Versus SMT. NIRMALI BHADRA (Calcutta High Court)
Calcutta High Court, Division Bench: Hon'ble Division Bench of High Court at Calcutta upheld the order of Ld. Member of ITAT as the order passed by the learned Tribunal and held that the learned Tribunal had done an elaborate fact finding exercise and has pointed out as to how the assessing officer erroneously relied upon only the figures mentioned in… Read More ...
ITO vs. Rajiv Sareen (ITAT INDORE)
ITAT INDORE: Return filing is a serious business and reporting error cannot be claimed lightly. 1. The assessee had made huge cash deposits in different bank accounts. 2. During assessment-proceeding, the assessee claimed that the cash-deposits were made out of the opening cash-balance available with him. 3. Ld. AO perused the return of income of the immediately… Read More ...