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Rajeev Bansal v. UOI (Allahabad High Court)
Allahabad High Court: S. 148A : Reassessment-Conducting inquiry, providing opportunity before the issue of notice-Limitation - Notices issued pursuant to the case of UOI v. Ashish Agarwal (2022) 444 ITR 1/ 213 DTR 217/ 326 CTR 473/ 286 Taxman / AIR 2022 SC 2781 (SC) – Notice issued on or after 01.04.2021, the period concerned is between 01.04.2021… Read More ...
PCIT Asansol Vs Durgapur Projects Limited (Calcutta High Court)
Calcutta High Court : PCIT Asansol Vs Durgapur Projects Limited (Calcutta High Court) Date-24th February 2023 Sub- Whether provisions of Section 50C can be applied when the immovable property is compulsorily acquired by the Government? Whether the definition of transfer u/s 2(47) can be considered for applying Section 50C or only when the transfer involves payment of stamp duty… Read More ...
ACIT v. Ajit Anantrao Pawar (ITAT Mumbai)
Mumbai Tribunal : S. 253 : Appellate Tribunal-Maintainability-Consolidated order of CIT(A) for more than one year-One appeal cannot be filed against two reassessment orders for the same assessment year-Income-tax Appellate Tribunal Rules, 1963-R. 9-Appeal of revenue was dismissed. [S. 132, 153C, ITAT R. 9] There were two different search and seizure actions conducted by the Department and the… Read More ...
The Suminter Organic and Fair Trade Cotton Ginning Mill Pvt. Ltd. v. Dy. CIT (Bombay High Court)
Bombay High Court : S. 147 : Reassessment-After the expiry of four years-Valuation of equity shares-Share premium-Income from other sources-No failure to disclose material facts-Notice of reassessment and order disposing objection was quashed. [S. 56(2)(viib), 148, Art. 226] The reason for reopening of the assessment was the petitioner had issued premium of Rs. 17 per share, which was not… Read More ...
Konark Life Spaces v. ACIT (Bombay High Court)
Bombay High Court : S. 147 : Reassessment-After the expiry of four years-Loans and advances to sister concern-Allegation of colourable device-No failure to disclose material facts-Notice of reassessment and order disposing objection was quashed. [S. 69, 148, Art. 226] The original assessment was completed under section 143(3) of the Act. The reassessment notice was issued on 30-3-2021, on the… Read More ...
Kamal Nath Vs PCIT Kolkata-9 & Ors (Calcutta High Court)
Calcutta High Court: Kamal Nath Vs PCIT Kolkata-9 & Ors(Calcutta High Court) Date-10th February 2023 Sub-Whether an order for transfer of a case from one city to another is an administrative order or a quasi judicial order and also whether reasons are required to be recorded for passing such an order? In this high voltage case related to… Read More ...
Debashis Sinha & Ors Vs RNR Enterprises (Supreme Court)
Supreme Court : Debashis Sinha & Ors Vs RNR Enterprises (Supreme Court) Date-9th February 2023 Sub-Is it the joint responsibility of the flat buyer and the builder to obtain the completion certificate from Kolkata Municipal Corporation and is buyer at fault if he moves in the flat without the CC and connected issues. Interesting issues arose in this… Read More ...
ITC Limited Vs Aashna Roy (Supreme Court)
Supreme COurt : ITC Limited Vs Aashna Roy (Supreme Court) Date-7th February 2023 Sub-Whether improper hair cut and consequent humiliation and embarrassment amounts to deficiency in service to lead to compensation under the Consumer Protection Laws? An interesting question arose in this case when the defendant in this case was given a bad hair cut at Hotel ITC… Read More ...
Godrej Sara Lee Limited Vs The Excise and Taxation officer-cum-Assessing Authority & Ors (Supreme Court)
Supreme Court of India : Godrej Sara Lee Limited Vs The Excise and Taxation officer-cum-Assessing Authority & Ors (Supreme Court) Date:01-02-2023 Sub-When a Writ petition can be entertained under Article 226 without relegating the petitioner to alternative remedy? Though this issue is no longer res integra in view of catena of judicial decisions of the highest court of the Country,… Read More ...
Blackstone Capital Partners (Singapore) VI FDI Three Pte. Ltd. v. ACIT (Delhi High Court)
Delhi High Court : S. 147 : Reassessment-After the expiry of four years-Verification tax residency certificate issued by other jurisdiction-For determining residential status, treaty eligibility and legal ownership-bad in law-Reassessment Notice quashed-DTAA-India- Singapore. [S. 143(1), 148, Art. 13(4), Art. 226] The reassessment notice was issued to verify the genuineness of the Transaction. The assesse filed the objections to the… Read More ...