Judgements Uploaded By Users In Category: Income-Tax Act
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The ITAT Mumbai has held that Notice under sec. 143(2) has to be issued by the Officer who completes the assessment before the due date i.e., 30.09.2015 and notice issued by the officer on 03.09.2015 for AY 2014-15 by the said officer was deemed invalid as the PCIT had transferred jurisdiction to him only on 05.12.2015 Read More ...
The Allahabad High Court has held that S. 148A : Reassessment-Conducting inquiry, providing opportunity before the issue of notice-Limitation - Notices issued pursuant to the case of UOI v. Ashish Agarwal (2022) 444 ITR 1/ 213 DTR 217/ 326 CTR 473/ 286 Taxman / AIR 2022 SC 2781 (SC) – Notice issued on or after 01.04.2021, the period concerned is between 01.04.2021… Read More ...
The Calcutta High Court has held that PCIT Asansol Vs Durgapur Projects Limited (Calcutta High Court) Date-24th February 2023 Sub- Whether provisions of Section 50C can be applied when the immovable property is compulsorily acquired by the Government? Whether the definition of transfer u/s 2(47) can be considered for applying Section 50C or only when the transfer involves payment of stamp duty… Read More ...
The Mumbai Tribunal has held that S. 253 : Appellate Tribunal-Maintainability-Consolidated order of CIT(A) for more than one year-One appeal cannot be filed against two reassessment orders for the same assessment year-Income-tax Appellate Tribunal Rules, 1963-R. 9-Appeal of revenue was dismissed. [S. 132, 153C, ITAT R. 9] There were two different search and seizure actions conducted by the Department and the… Read More ...
The Bombay High Court has held that S. 147 : Reassessment-After the expiry of four years-Valuation of equity shares-Share premium-Income from other sources-No failure to disclose material facts-Notice of reassessment and order disposing objection was quashed. [S. 56(2)(viib), 148, Art. 226] The reason for reopening of the assessment was the petitioner had issued premium of Rs. 17 per share, which was not… Read More ...
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 ...