Author: ksalegal

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CGT v. Jindal Equipment Leasing. (2018) 402 ITR 184 (Delhi) (HC) CGT v. Stainless Investments Ltd (2018) 402 ITR 184 (Delhi) (HC) CIT v. Mansarover Investment Ltd (2018) 402 ITR 184 (Delhi) (HC)

Gift Tax Act, 1958
S. 16: Reassessment-Deemed Gift —No conclusive finding rendered by Appellate Tribunal on question of notional or deemed gift — Order was set aside [ S. 4(1)(a) ]

Vikram Singh v. UOI( 2018) 401 ITR 307 / 163 DTR 55 (Delhi)(HC)

S. 279 : Offences and prosecutions – Compounding of offences – Guidelines on compounding of offenses dated 23.12.2014 prescribing eligibility conditions and the formula for calculating the compounding fee are valid or unreasonable [ S. 276 ,277, 278 ]

Vikram Singh v. UOI (2018) 401 ITR 307 /163 DTR 55/ 301 CTR 439 / 253 Taxman 356 (Delhi) (HC)

S. 279 : Offences and prosecutions – Compounding Of Offences — Guidelines fixing compounding fees was held to be valid Application For Compounding twenty years after assessment order and after framing of criminal charges — Determination of compounding fees was held to be valid . Assessee was directed to pay cost of Rs 50000 /.

Indo Arya Central Transport Limited v. CIT( TDS) ( 2018) 404 ITR 667 /165 DTR 345/ 255 Taxman 50/ 304 CTR 236 ( Delhi)(HC) , www.itatonline.org. Editorial : SLP dismissed Indo Arya Central Transport Ltd .CIT (2022)443 ITR 239/ 211 DTR 441 / 325 CTR 553 / 285 Taman 2 (SC)

S. 279 : Offences and prosecutions – Sanction – Chief Commissioner – Late deposit of tax deducted at source – If sanctioning was held to be not as requirement of law summons issued by the Court can be challenged .[ S.276A, 276B 278AA, 278AB,278B, Code of Criminal Procedure Code , S 397, 401, 482 ]

Malti Mishra (Smt.) v. State Of Uttar Pradesh. (2018) 401 ITR 327 (All) (HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax Order of penalty was set aside on ground there was no concealment of income — Prosecution was liable to be quashed. [ S. 271(1) (c ) ]

Salora International Ltd. v. CIT (2018) 402 ITR 211 / 163 DTR 341/ 303 CTR 616 (Delhi) (HC)

S. 275 : Penalty – Bar of limitation – Concealment-Time to Be reckoned from date of service of order of Commissioner (Appeals) on Assessee — Penalty proceedings was barred by limitation [ S. 271(1) (c )]

DCIT v. Amit Agarwal. (2018) 168 ITD 370 (Kol) (Trib.)

S. 271AAB:Peanlty -Failure to maintain books of account -Undisclosed income – Levy of penalty is automatic in nature [ S.44AA]

ITO v. Trishul Enterprises (2018) 61 ITR 386 (Mum) (Trib)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –Where search initiated on or after 1st June , 2007 , simultaneous penalty u/s 271(1)(c ) cannot be levied [ S. 271(1)( c) ]

PCIT v. Swapna Enterprise (2018) 401 ITR 488/ 253 Taxman 531 /166 DTR 51 / 302 CTR 504(Guj) (HC)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –
Payment of tax with interest before assessment was made-Deletion of penalty was held to be justified [ S. 132(4)]

Jeetmal Choraria v. ACIT ( 2018) 91 taxmann.com 311 (kol)(Trib) www.itatonline.org

S. 271(1)(c) : Penalty – Concealment -When show cause notice does not strike out the inappropriate words, levy of penalty was held to be not justified . [ S. 274 ]