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Barclays Global Service Centre Private Limited vs. DCIT, Circle-1(1), Pune. (ITAT Pune)
ITAT Pune: If the factum of amalgamation was brought to notice of the Assessing Officer and if despite this fact, the Assessing Officer passed the assessment order in the name of amalgamating company, the assessment order is null and void. Once the scheme of amalgamation comes into effect, the amalgamating company ceases to exist and an assessment… Read More ...
CIT,Kolkata-III Vs Indian Aluminium Co Ltd (Calcutta High Court)
Calcutta High Court : CIT,Kolkata-III Vs Indian Aluminium Co Ltd (Calcutta High Court) Date- 5th January 2023 Sub- Whether ITAT can pass an order in any manner it likes? The Division bench of Calcutta High Court in this case was considering appeal of both the department and assessee arising out of order of Kolkata ITAT when several substantial question… Read More ...
Dipten Bhowmick vs. ITO (ITAT Rajkot)
Rajkot ITAT: In matters relating to condonation of delay, court has to adopt liberal approach. it is not open for the Assessing Officer to travel beyond the reasons for selection of the scrutiny for limited scrutiny. Read More ...
Kamal Nath Vs PCIT Kolkata (Calcutta High Court)
Calcutta High Court : Kamal Nath Vs PCIT Kolkata (Calcutta High Court) Date-6th January 2023 Sub-What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act,1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner… Read More ...
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 ...