Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Girish Raghvan v. PCIT (Bom.)(HC)(UR)

S. 264 : Commissioner-Revision of other orders-Petition cannot be dismissed on the ground that the assessee has not waived the right of appeal before the Commissioner of Income-tax (Appeals). [S. 246A, 264(4), Art. 226]

Anup Lakhmichand Anand  v. CIT ( 2022) 216 DTR 401/ 328 CTR 716 (Bom.)(HC)

S. 264 : Commissioner-Revision of other orders-Business loss or speculation-Amount voluntary agreed can also be the subject matter of revision-Rejection of revision application was not valid-Directed the Commissioner to decide on merit after considering all the submissions. [S. 43(5)(d), 139, Art. 226]

PCIT v. Maharashtra State Electricity Distribution (Bom.)(HC) (UR)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Excess depreciation-Subsidy-Revision is held to be not valid-Order of Tribunal affirmed.[S.32, 43(1), 260A]

Kantilal Gopalji Kotecha v. CCIT (Bom.)(HC) (UR)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Appeal which was dismissed and review petition also dismissed-Dismissal of rectification order by the Tribunal is justified. [S. 47(xiv), 260A, Art. 226]

Kandoi Polytex Pvt Ltd. v. ACIT   (Bom.)(HC)(UR)

S. 151 : Reassessment-Sanction for issue of notice-Reasons for re-opening-Non application of mind-Reasons recorded and reasons supplied are different-Column 9.in left blank-Column 8 the answer given was ‘Yes’ it should have been ‘No’-Reassessment notice and order disposing objection was quashed. [S. 147, 148, Art. 226]

Verna Trading v. ITO  (Bom.)(HC) (UR)

S. 151 : Reassessment-Sanction for issue of notice-Mechanical approval-Non-application of mind-Approval was granted was based on erroneous statement recorded in reasons-Reassessment notice and order disposing the objection was quashed. [S. 147, 148, Art. 226]

Equitable Financial Consultancy Services Pvt. Ltd. v. ITO (Bom.)(HC) (UR)

S. 151 : Reassessment-After the expiry of four years-Sanction for issue of notice-Sanction by Additional CIT is not valid-Taxation and other laws (Relaxation of Certain Provisions) Act, 2020-Not applicable-Reassessment notice and order disposing the objection was quashed. [S. 147, 148, 151(1), 151(2), Art. 226]

Vishakha Accounting Services Pvt. Ltd. v. ACIT (Bom.)(HC) (UR)

S. 151 : Reassessment-After the expiry of four years-Sanction for issue of notice-Sanction by Additional CIT is not valid-Taxation and other laws (Relaxation of Certain Provisions) Act, 2020-Not applicable-Reassessment notice and order disposing the objection was quashed. [S. 147, 148, 151(1), 151(2), Art. 226]

Apar Corporation Pvt. Ltd. v. ACIT (Bom.)(HC) (UR)

S. 148 : Reassessment-After the expiry of four years-Notice issued on non existing company-Amalgamation-Amalgamating entity ceases to exist upon the approved scheme of amalgamation and notice issued to non-existing company, is not curable defect under Section 292B of the Act.-Reassessment notice and order disposal of objection. was quashed. [S. 139(1), 147, 292B, Art. 226]

Grasim Industries Ltd. v. DCIT (Bom.)(HC)(UR)

S. 147 : Reassessment-Revenue Audit-Deductions on actual payment-Two Assessing Officers disagreed with the view of Revenue Audit-Reassessment notice and order disposing the objection was quashed. [S. 43B, 148, Art. 226]