Judgements Uploaded By Users In Category: Income-Tax Act
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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 ...
The ITAT Pune has held that If the factum of amalgamation was brought to notice of the Assessing Officer and if despite this fact, the Assessing Officer passed the assessment order in the name of amalgamating company, the assessment order is null and void. Once the scheme of amalgamation comes into effect, the amalgamating company ceases to exist and an assessment… Read More ...
The Calcutta High Court has held that CIT,Kolkata-III Vs Indian Aluminium Co Ltd (Calcutta High Court) Date- 5th January 2023 Sub- Whether ITAT can pass an order in any manner it likes? The Division bench of Calcutta High Court in this case was considering appeal of both the department and assessee arising out of order of Kolkata ITAT when several substantial question… Read More ...
The Rajkot ITAT has held that In matters relating to condonation of delay, court has to adopt liberal approach. it is not open for the Assessing Officer to travel beyond the reasons for selection of the scrutiny for limited scrutiny. Read More ...
The Calcutta High Court has held that Kamal Nath Vs PCIT Kolkata (Calcutta High Court) Date-6th January 2023 Sub-What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act,1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner… Read More ...