Judgements Uploaded By Users In Category: Income-Tax Act
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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 ...
The ITAT Chandigarh has held that S. 142(2A) : Inquiry before assessment-Special audit-Reference to Special Audit-Without opportunity of being heard-Illegal-No extension of time for assessment-Additional ground-Assessment order is barred by limitation. [S. 143(3), 153, 254(1)] The assessee has raised additional ground before the Tribunal the appointment of special auditor u/s. 142(2A) deserves to be declared illegal since the said appointment is… Read More ...
The Mumbai Tribunal has held that S. 147 : Reassessment - Cash credits - Share application money - Settlement Commission accepted the returned income as per settlement petition – Reassessment notice was issued on the basis of subsequent search action in the group concern - Assessing Officer has no jurisdiction to issue notice under section 148 of the Act after passing… Read More ...
The Rajkot ITAT has held that The issue which was the subject matter of 263 proceedings has been specifically discussed by the AO during the course of assessment and therefore it is not a case where there has been no enquiry which has been made by the AO on the applicability of provisions of section 115BBE of the Act in the… Read More ...
The CBDT has held that Reference was received by the CBDT as to whether receipt of cash by Co-operative Societies from a distributor for the sale of milk on a bank holiday or a day when the bank is closed should be considered a single transaction or aggregated with all such cash receipts from the distributor in the previous year… Read More ...
The ITA No. 214 to 216/JPR/2022 For A.Y. 2012-13, 2015-16 & 2016-17RAM KISHAN VERMA VS. PCIT( CENTRAL), Jaipur has held that Revision—Scope—Non-initiation/initiation of penalty proceedings under wrong provision—Sec. 263 cannot be invoked to correct each and every type of mistake or error committed by the AO—It is only when an order is erroneous as also prejudicial to revenue's interest, that the provision will be attracted—Revisional jurisdiction of the Principal CIT starts only after the conclusion of… Read More ...
The High Court of Bombay at Goa has held that Facts The A.O. issued the impugned notice dated 29.03.2019 under section 148 of the Income-tax Act, 1961, seeking to reopen the assessment for A.Y. 2012-13. Thus, the impugned notice was issued after the expiry of 4 years from the end of the relevant A.Y. Upon receipt of the impugned notice, the Petitioner sought reasons and… Read More ...