Judgements Uploaded By Users In Category: Income-Tax Act
These judgements are uploaded by our esteemed readers. If you have a judgement on an important topic that you would like to share with others, please use this form to upload it
The Bombay High Court has held that S. 147 : Reassessment-After the expiry of four years-Loans and advances to sister concern-Allegation of colourable device-No failure to disclose material facts-Notice of reassessment and order disposing objection was quashed. [S. 69, 148, Art. 226] The original assessment was completed under section 143(3) of the Act. The reassessment notice was issued on 30-3-2021, on the… Read More ...
The Calcutta High Court has held that Kamal Nath Vs PCIT Kolkata-9 & Ors(Calcutta High Court) Date-10th February 2023 Sub-Whether an order for transfer of a case from one city to another is an administrative order or a quasi judicial order and also whether reasons are required to be recorded for passing such an order? In this high voltage case related to… Read More ...
The Delhi High Court has held that S. 147 : Reassessment-After the expiry of four years-Verification tax residency certificate issued by other jurisdiction-For determining residential status, treaty eligibility and legal ownership-bad in law-Reassessment Notice quashed-DTAA-India- Singapore. [S. 143(1), 148, Art. 13(4), Art. 226] The reassessment notice was issued to verify the genuineness of the Transaction. The assesse filed the objections to the… Read More ...
The Calcutta High Court has held that Rupahali Sarees Pvt ltd & Anr Vs. Union of India & Ors(Calcutta High Court) Date-24-1-2023 Sub-The petition in this case filed to challenge inaction on part of CIT(Appeals) in deciding the appeal against order u/s 263 which was filed on 27-1-2020 even though almost 3 years had passed. The Ld Judge after listening to arguments… Read More ...
The Bombay High Court has held that S. 148A : Reassessment - Conducting inquiry, providing opportunity before issue of notice – Unsigned notice – Order is bad in law- Notice and order was quashed . [S. 147, 148 292B, Art. 14, 226] Petitioner is a non-resident Indian, residing in Dubai, UAE and since his total income for the relevant financial year was… Read More ...
The Bombay High Court has held that S. 69C : Unexplained expenditure-Civil Contractor engaged in civil construction contracts- Purchases from suspicious dealers-Official websites of the Sales Tax Department, Government of Maharashtra -Bogus purchases-Books of account not rejected-Opportunity for cross examination was not provided-Purchases through banking channels- Deletion of addition is upheld. [S. 133(6), 143(3)] The assessee is in the business of Civil… Read More ...
The Bombay High Court has held that S. 279 : Offences and prosecutions – Sanction - Chief Commissioner – Commissioner – Compounding can be done beyond a period of 12 months – Guidelines contrary to the Act–Rejection of Compounding Application Quashed. [S. 192, Art. 226] There was delay in depositing the tax deducted at source on account of TDS deducted from the… Read More ...
The Calcutta High Court has held that Dilip B Desai Vs DCIT Kolkata and others(Calcutta High Court) Date-13th January 2023 Sub-Whether reassessment proceedings initiated for AY 2015-16 relying on TOLA and Instruction issued by CBDT is bared by limitation? Justice Shekhar B Saraf in this judgement was dealing with challenge to the order u/s 148A(d) and Notice u/s 148 dated 29th July,2022… Read More ...
The Pune Tribunal has held that S. 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] Assessee has intimated the date of Amalgamation… Read More ...
The Supreme Court has held that Association of Old Settlers of Sikkim & Ors Vs Union of India(Supreme Court) Date-13th January 2023 Sub-Whether those Indian citizens who had settled in Sikkim before it became an Indian State w.e.f 26-04-1975 are eligible for exemption u/s 10(26AAA) of Income-tax Act,1961 and Whether proviso which bars a Sikkim woman upon marrying a non-Sikkim from… Read More ...