S. 271(1)(c) : Penalty – Concealment – Addition based on stamp valuation – Deeming section – Levy of penalty is not valid .[ S. 56(2)(x) ]
Dipakumar Ishwarlal Panchal ( 2022)The Chamber’s Journal – November P.80 ( Ahd )( Trib)S. 271(1)(c) : Penalty – Concealment – Addition based on stamp valuation – Deeming section – Levy of penalty is not valid .[ S. 56(2)(x) ]
Dipakumar Ishwarlal Panchal ( 2022)The Chamber’s Journal – November P.80 ( Ahd )( Trib)S. 276B : Offences and prosecutions – Failure to pay the tax deducted at source – Application failed to disclose same offences in earlier years – Rejection of compounding application is held to be valid [ Art, 226 ]
Visraj Exports Pvt Ltd v. CCIT(TDS) ( ( 2022)The Chamber’s Journal – October P.91 ( Delhi)(HC)Civil Procedure Code , 1908,
S.96 : Appeal from original decree – Appeal – Commissioner (Appeals) – Duties -First appeal is a valuable right – Appellate authority is required to address itself to all issues and decide the appeal assigning valid reasons. [ITAct , S. 250, 251 ]
143(2): Assessment – Notice – Amalgamation -Notice issued in the name of a non-existing entity is bad in law where the assessee had intimated the Department regarding such change – Decisions are to be read in the context in which they are rendered. [ S. 143(3), 292BB ]
DCIT v. Barclays Global Service Centre Private Ltd (Pune) (Trib)S. 201 : Deduction at source – Failure to deduct or pay – Earlier order was set aside by the Tribunal -Department appeal is pending for hearing – Order of Tribunal not stayed – Order holding that the assessee in default for latter year following the order of earlier year was quashed – Order of Tribunal is binding on the Assessing Officer – Order treating the assessee in default was quashed . [S. 260A, Art , 226 ]
GIA Laboratory Pvt Ltd v. ITO ( 2023) 450 ITR 7( Bom)( HC).Editorial: Order in Gemological Institute of America CA Inc v. Add.CIT ( IT) ( 2021)88 ITR 505 ( Mum)( Trib), affirmed .S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest expenditure-One Time Settlement (‘OTS’)-Write off of interest receivable-Order was passed after making enquiry-Prior to the insertion of Explanation 2-Order of Tribunal quashing the revision order was affirmed. [S. 36(1)(iii), 36(1)(vii), 143((3), 260A]
PCIT v. Shivshahi Punarvasan Prakalp Ltd. (2022) 220 DTR 305 (Bom.)(HC)S. 260A : Appeal-High Court-Ex-parte order on merits-Change of address-Gross negligent on the part of the appellant-One more opportunity is granted to the Appellant-Directed to pay cost of Rs. 25,000. [S. 254(1)]
Gopal Extrusions Pvt. Ltd. (Through its Director Sanjay Ramgopal Taparia) v. ITR (2022) 326 CTR 713 / 214 DTR 105 (Bom(HC)S. 254(2) : Appellate Tribunal-Appellate Tribunal-Rectification of mistake apparent from the record-Accommodation entries-Bogus purchases-Evidences/statements collected from the accommodation entry provider has not been provided, ITAT has not even dealt with that objection-Order of Jurisdictional High Court-Order of Tribunal set aside. [Art. 226]
Mithalal B.Jain v. ITO(2022) 214 DTR 25 (Bom.)(HC)S. 179 : Private company-Liability of directors-Managing Director of Ltd Company-Violation of principle of natural justice-lifting the corporate veil-Satisfaction was not recorded-Order was quashed. [S. 220(2), Art. 226]
Rajendra R. Singh v. ACIT (2022) 328 CTR 691/ 216 DTR 386/ 289 Taxman 682/143 taxmann.com 34 /(2023)459 ITR 162 (Bom.)(HC)S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Period granted was less than seven days-Responded the notice-Amount in dispute less than 50 lakhs-Notice issued beyond three years-Notice and order was quashed and set aside. [S. 148, 148A(d), 149(1)(b), Art. 226]
Naresh Balchandrarao Shinde v. ITO (2022) 220 DTR 401 / (2023) 320 CTR 449/ (2023)451 ITR 149/ 330 CTR 449 Bom.)(HC)