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BANKIM BHAGWANJI CHAAUHAN Versus INCOME TAX OFFICER, WARD 1 (Gujarat High Court)
Gujarat High Court: Where a issue was not scrutinized under Section 143(3), however queries were raised before issuance of Notice under Section 148 and the Petitioner responded to the queries and furnished all the relevant details, there is no fault in Petitioner's part and the reopening is impermissible. Where Reasons for reopening mentions that Requisite details were not… Read More ...
LATE BHUPENDRA BHIKHALAL DESAI (SINCE DECD.) THROUGH LEGAL HEIR RAJU BHUPENDRA DESAI Versus THE INCOME TAX OFFICER WARD 1(2)(1) (Gujarat High Court)
Gujarat High Court: Notice issued to a deceased/ dead person under Section 153C is invalid "23. The following principles are discernible from the above referred judgment of this Court : i. The issuance of the notice to a dead assessee is not a mere technical defect which can be corrected under Section 292B of the Act. The issuance… Read More ...
SIDDHI DEVELOPERS AND BUILDERS Versus ASST COMMISSIONER OF INCOME TAX CIRCLE NO 3(3) (Gujarat High Court)
Gujarat High Court: Reopening of a scrutinized issue beyond 4 years is impermissible when the Petitioner had disclosed fully and truly all material facts. Reopening of a scrutinized issue beyond a period of 4 years without there being any fault on Petitioner's part in disclosing fully and truly all material facts amounts to Mere Change of Opinion and… Read More ...
GOPALBHAI BABUBHAI PARIKH Versus PRINCIPAL COMMISSIONER OF INCOME TAX 4 (Gujarat High Court)
Gujarat High Court: The writ applicant opted for the scheme of early retirement as declared by the ICICI Bank Ltd. He received a sum of Rs.15,69,701/ in accordance with the Early Retirement Option (ERO), 2003 Scheme framed by the Bank. He filed his return of income for the year under consideration without claiming benefit of the exemption under… Read More ...
Daya Nand Pushpa Devi Charitable Trust Ghaziabad Vs Additional Commissioner of Income-tax (Allahabad High Court)
Allahabad High Court : Dayanand Pushpa Devi Charitable Trust Vs Addl Commissioner of Income-tax Forum-Allahabad high court Date-23rd June, 2021 Sub-Whether activity of maintaining hostel in a Dental college amounts to carryon business for the purpose of Section 11(4A) of Income-tax Act,1961 and thus taxable notwithstanding the exemption u/s 11 of the Income-tax Act,1961 The Court was hearing an… Read More ...
D S PATIL v PCIT CENTRAL CIRCLE (ITAT BANGALORE)
ITAT BANGALORE - B BENCH: Aseesee's Employer subjected to search wherein certain information pertaining to assessee also found and assessee also gave a declaration u/s 132(4) admitting the same to be his. Upon being satisfied that it is a fit case for assessment u/s 153C, AO issued notice and later concluded the assessment making certain additions. Penalty proceedings were initiated… Read More ...
M/s MAHADEV COLD STORAGE VS. Jurisdictional Assessing Officer (ITAT Agra)
ITAT Agra Bench: Section 43B: Employee’s Deduction – Before due date of filing of return – Binding Precedent – Order of Jurisdictional High Court – binding on AO situated within territorial jurisdiction and respective first appellate authority. The Hon’ble Income-tax Appellate Tribunal – Agra Bench in the case of Mahadev Cold Storage v. Jurisdictional AO ITA No.41 &… Read More ...
Mr. Mohd. Farhan A. Shaikh v. ACIT (Bombay High Court) (Goa Bench) (Full Bench)
Bombay High Court - Goa Bench (Full Bench) - Honourable Justice Mr. Dama Seshadri Naidu, Honourable Justice Mr Bharati H. Dangre, Honourable Justice , Smt. M.S. Jawalkar : S. 271(1)(c) : Penalty–Concealment-Non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act,- Order is bad in law-Assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness. [S. 274] A Full Bench of the Hon’ble… Read More ...
All India Federation of Tax Practitioners v. ITO (ITAT Mumbai)
Income-tax Appellate Tribunal-Mumbai Bench (SMC), Honourable Shri Sakijit Dey (Judicial Member) : S. 11 : Property held for charitable purposes - Assessee is engaged in educational activities to spread education in matters relating to tax laws, other laws and accountancy-Entitle to exemption – Order of CIT (A) denying the exemption was reversed . [S.2(15)12A, 80G] Facts: The Assessee is a Charitable Organization which was established on November… Read More ...
Abhay Nigam & Ors Vs Union of India & Ors (Madhya Pradesh High Court)
Madhya Pradesh High Court: Abhay Nigam and others Vs Union of India and others Date 18th June 2021 Court Madhya Pradesh High Court Sub- Whether a writ lies against an order of provisional attachment of property under the Prevention of Money laundering Act, 2002 The appeal court was considering appeal against the provisional attachment of plot of land at… Read More ...