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Mahesh Mathuradas Ganatra v. CPC (Bombay High Court)
Bombay High Court: S. 250 : Appeal-Commissioner (Appeals)-Procedure-Stay of demand-Refund adjustment-Delay in disposal of stay application-Strictures-The delay of six years in deciding the stay application is unjustified and that respondents cannot take advantage of their own delay-The Court directed the revenue to refund the amount within four weeks and suggested that the petitioner apply for an early hearing… Read More ...
Lupin Limited v. Dy CIT (Bombay High Court)
Bombay High Court: S. 147 : Reassessment-With in four years-Change of opinion-No fresh tangible material-Reassessment notice and order disposing the objection is quashed. [S. 35AC, 80G, 143(3), 148, Art. 226] The petitioner filed its return of income for AY 2016-17 on 26 November 2016, declaring Rs. 26,36,01,64,390 as total income. The return was selected for scrutiny, and the… Read More ...
Leena Power Tech Engineers Pvt. Ltd. v. Dy.CIT (Bombay High Court)
Bombay High Court: S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Limitation-COVID extension not applicable-Rectification application is filed beyond period of six months-Income Tax Appellate Tribunal has no jurisdiction to condone delay-Writ petition is dismissed. [Art. 226] The ITAT dismissed the petitioner’s appeal on 21 September 2021, and the order was communicated on 17 November 2021. Under… Read More ...
Sanjay Patel v. ACIT (Bombay High Court)
Bombay High Court: S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Income from other sources-Failure to respond to notice-Audit objection after amendment-Factual disputes cannot be adjudicated in writ proceedings when an alternative remedy is available-Writ petition is dismissed with liberty to file an appeal. [S. 57, 142(1), 143(3), 148, 148A(b), 148A(d), Art. 226] The petitioner, an… Read More ...
Ramchandra Udaysingh Jadhavrao vs ACIT, Circle-3, Pune (ITAT Pune)
ITAT Pune: Key Facts: The assessee, Ramchandra Udaysingh Jadhavrao, is a proprietor of M/s. JKG Developers, engaged in construction and land development. He filed his return of income for AY 2016-17 on 31.01.2017, declaring a total income of ₹12.37 crores. A survey under Section 133A was conducted at his business premises on 14.09.2016. During the survey, he… Read More ...
ACIT v. Neelam Omprakash Singh (ITAT Mumbai)
Mumbai Tribunal : S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Development agreement-Cost Inflation Index-Year of taxability-Tribunal’s common order applied to all co-owners- Miscellaneous application of Revenue is dismissed. [S. 45, 48, 254(1)] The assessee filed a return for AY .2008-09, declaring long term capital gains in respect of development rights. The Assessing Officer assessed the… Read More ...
Sejal Jewellery & Others v. UOI (Bombay High Court)
Bombay High Court: S. 148 : Reassessment-Income of any other person-Search-Search material pertains to third party-Notice of reassessment under Section 148 is held without jurisdiction-Section 153C and not section 148 is to be resorted to- Notice of reassessment is quashed and set aside. [S. 132, 147, 151(1), 153A, 153C, Art. 226] The petitioner, a partnership firm engaged in… Read More ...
The Board of Control for Cricket in India vs ACIT (Bombay High Court)
Bombay High Court: (i) Whether the ITAT, after recording a categorical finding that the impugned communication/order dated 28 December 2009 did not amount to any order of cancellation of BCCI's registration under Section 12A of the IT Act, 1961 and further holding that since there was no cancellation, no appeal was maintainable against the impugned communication/order dated 28… Read More ...
M.M. Patel Charitable Trust vs PCIT (Central), Pune (ITAT Pune)
ITAT Pune: In a significant ruling, the Income Tax Appellate Tribunal (ITAT) Pune has overturned the order of the Principal Commissioner of Income Tax (PCIT), which had canceled the registration of M.M. Patel Public Charitable Trust under Sections 12A and 12AB of the Income Tax Act, 1961. The decision provides a major relief to charitable institutions by… Read More ...
The Borivali Education Society v. CIT (E) (Bombay High Court)
Bombay High Court: S. 119 : Central Board of Direct Taxes-Circular-Property held for charitable purposes-Form No. 10B was filed manually before due date of filing of return-Mandatory e-filing of Form 10B-Delay of 2732 days in filing the form electronically-Delay is condoned-The delay should be condoned as long as such lapse is not mala fide and the assessee has… Read More ...