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
ACIT vs. Leena Gandhi Tiwari (ITAT Mumbai)
Mumbai Tribunal : Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015. S. 43 : Penalty for failure to furnish return of income an information, or furnish inaccurate particulars about an asset (including interest in any entity) located outside India- Foreign Bank Account-Signatory for late Mother-Amount was donated to the Charity-Not beneficial owner-Mere no… Read More ...
PCIT(Central-2) Vs Mahagun Realtors Pvt ltd (Supreme Court)
Supreme court: PCIT(Central-2) Vs Mahagun Realtors Pvt ltd(Supreme Court) Date-5th April, 2022 Sub- Assessment order issued in the name of Amalgamating company post amalgamation upheld, department’s SLP allowed, decision in the case of CIT Vs Spice Infotainment Ltd and PCIT Vs Maruti Suzuki India Limited distinguished. The issue regarding assessment in the name of amalgamating company having… Read More ...
Jugal Kishore Paliwal Vs ITO/NFAC (Chattisgarh High Court)
Chattisgarh High Court: Jugal Kishore Paliwal Vs ITO/NFAC(Chattisgarh High Court) Date-1st April,2022 Sub- Reassessment notice u/s 148 on account of bogus purchases of Rice, Defects alleged in Sanction u/s 151, issue of notice and reasons recorded- Writ dismissed The Single bench of Chattisgarh High Court in this case was dealing with multiple Writ petitions it appears of the… Read More ...
Mrs Uma Devi Nambiar Vs Th Roman Catholic (Supreme Court of India)
Supreme Court of India: Mrs Uma Devi Nambiar Vs Th Roman Catholic (Supreme Court of India) Date-1st April,2022 Sub- Whether a Power of attorney holder can confer better title than what he/she himself had and transfer an immovable property by virtue of such power is valid or void? In this case related to dispute between two sisters where after… Read More ...
Suraj Pulses (P) Ltd. vs. Pr. CIT-8 (ITAT Delhi)
ITAT, Delhi: The main issue before is, firstly, whether the assessee can challenge the validity of assessment order during the revisionary proceedings and also the validity of reopening u/s.147 when it was not challenged by the assessee; and secondly, whether the reopening based on the reasons recorded by the Assessing Officer itself was bad in law or… Read More ...
Young Indians Vs ADIT(E) (ITAT Delhi)
Income tax Appellate Tribunal Delhi Benches: Young Indians Vs ACIT(E) Date-31st March 2022 Forum-Income-tax Appellate Tribunal Delhi Benches Sub- Whether a charitable Trust/ Institutions can surrender its registration at any time suo moto without the approval of Tax authorities and many other matters including reassessment, loan of Rs 1 crore from entity operated by Kolkata entry operator as well as the… Read More ...
Swarnalatha & Ors Vs Kalavathy & Ors (Supreme Court)
Supreme Court : Swarnalatha & Ors Vs Kalavathy & Ors Forum-Supreme Court of India Date- 30th March 2022 Sub-Dispute between Daughter and Daughter-in law -What can be the grounds for suspicion regarding execution of the Will when challenge is made by some of the legatees regarding the Will of Father/mother ( Father-in-law/mother-in-law for daughter-in-law) An interesting question arose… Read More ...
Tata Communications Transformation Services v. ACIT (Bombay High Court)
Bombay High Court : S. 148 : Reassessment-Notice-Constitutional validity-The delegation authorized being only for the purpose of enlarging limitation under a valid law, such delegation could not be exercised to resurrect the provision of law that stood omitted from the statute book by virtue of its substitution made by the Finance Act, 2021, w.e.f. 01.04.2021 – Reassessment notices issued… Read More ...
Vishal Ashwin Patel v. ACIT (Supreme Court)
Supreme Court: S. 148 : Reassessment-Notice-Writ Petition-High Court dismisses the Petition-Not a reasoned order-Order set aside to High Court and decide a fresh on their merits. [S. 147, Art. 226] The Assessee challenged the notice issued u/s 148 of the Act on various grounds before the High Court by filing the writ partition. The High Court dismissed… Read More ...
Realization Stock & Equity Pvt ltd Vs ITO, Ward 4(1), Kolkata & Ors (Calcutta High Court)
Calcutta High Court: Realization Stock & Equity Pvt ltd Vs ITO, Ward 4(1), Kolkata & Ors Forum-Calcutta High Court Date-28th March 2022 Sub-Whether patent non application of mind while disposing off the objections can be a ground for quashing the Notice u/s 148 of the Income-tax Act,1961 The Calcutta High Court in this case when represented by Adv… Read More ...