S. 143(3) : Assessment – Liability to tax – Set-aside – Attachment of property
Ashwin S. Mehata & Anrs. v. Custodian & Ors. AIR 2006 Supreme Court 795 (SC)S. 143(3) : Assessment – Liability to tax – Set-aside – Attachment of property
Ashwin S. Mehata & Anrs. v. Custodian & Ors. AIR 2006 Supreme Court 795 (SC)Maharashtra Co -Operative Society Act ,1960
S.41 : Exemption from compulsory registration of Instruments relating to shares and debentures of Society – Gift of shares of Co-op Hsg. Society- Gift of immoveable property -Unregistered declaration of gift of Shares held by a Member of Co-operative Hsg. Society – Property thereunder cannot be said to be validly transferred even though accepted by donee.[ Indian Registration Act ,1908, S.17 , Transfer of property Act , 1882 , S. 53, 123 ]
Jetu Jacques Taru Lalvani v. Solestrap Industries Ltd. (2006) 3 AIR Bom R 281/ , AIR 2006 (NOC) 780 (Bom)/ 2006 (1) MHLJ 21 (Bom) (HC)Recovery of Debts Due to Banks and Financial Institutions Act, 1993,
S.3: Establishment of Appellate Tribunal- Infrastructural constraints faced by DRTs and DRATs, in terms of inadequacy of Tribunals, Members/Chairpersons, staff, physical infrastructure, etc. – Suggestions made by Solicitor General and amicus curiae for improving the administration of justice by these Tribunals. – High Court shall keep a watch on functioning of Tribunals: [ S.17, 18 , Constitution of India 1949 , Art , 226 , 227 ]
UOI and Others v. Debts Recovery Tribunal Bar Association and Another (2013) 2 SCC 574.S. 115JB : Book profit – Waiver of loan -Loss or depreciation – Reduction of lower of loss or depreciation of the past years is allowable even where the same did not appear in the books of the current years on being absorbed against the credits not otherwise liable to tax in the past years- Matter remanded to CIT(A) for on a short point that the aspect of the adjustments had not been delved upon. . [ S.32 , 72 ]
Windsor Machine Ltd v .DCIT ( 2020 ) 185 ITD 576/ 81 ITR 41 /(2021) 199 DTR 79 ( Mum) (Trib)S. 36(1)(vii) :Bad debt – Inter corporate deposits in respect of purchase of vehicles and plant and machinery –Mere wrote off is sufficient –It is not necessary for the assessee to establish or prove that the debt has in fact become irrecoverable but it would be sufficient if the bad debt is written off as irrecoverable in the accounts of the assessee. [ S.28 (i) ]
PCIT v .Hybrid Financial Services Ltd ( Formerly known as Mafatlal Finance Ltd ) (2020) 426 ITR 358 /(2021) 276 Taxman 73 (Bom) (HC) www.itatonline.orgS. 28(iv) : Business income – Value of any benefit or perquisites – Converted in to money or not – Waiver of loan cannot be assessed as benefit or perquisites [ S.4 ]
Essar Shipping Ltd v .CIT (2020) 426 ITR 220 /192 DTR 449/ 273 Taxman 49/ 317 CTR 25 (Bom) (HC) www.itatonline .orgS. 147 : Reassessment – After the expiry of four years- Year of chargeability – Reassessment is held to be bad in law – No failure to disclose material facts .[ S. 45(1) , 45(2),143(3) ,143(1) , 148, Art .226 ]
J. S. & M. F. Builders v. A. K. Chauhan (2020) (2020) 426 ITR 460 /315 CTR 473/ 272 Taxman 349/ 191 DTR 19 (HC) www.itatonline .orgS.54F : Capital gains- Investment in a residential house –The usage of the property has to be considered-Several independent residential units in the same building have to be treated as one residential unit and there is no impediment to allowance of exemption u/s 54F(1) [ S.45 ]
Navin Jolly v. ITO (2020) 424 ITR 462 / 192 DTR 385/ 316 CTR 329 / 272 Taxman 348( Karn) (HC) www.itatonline .orgS. 40(a)(ia): Amounts not deductible – Deduction at source – The amendment to S. 40(a)(ia) by the Finance (No.2) Act, 2015 w.e.f. 01.04.2015, which restricts the disallowance for failure to deduct TDS to 30% of the expenditure instead of 100%, is curative in nature and should be applied retrospectively [ S.194H ]
Muradul Haque v. ITO ( 2020 ) 117 taxmann.com 251(Delhi (Trib) www.itatonline .org .Principle of Natural Justice -Direct taxes – Important case laws .
CIT v Odeon Builders ( P ) Ltd ( 2019) 418 ITR 315 (SC)