Judgements Uploaded By Users In Category: Income-Tax Act
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The Bombay High Court has held that S. 148 : Reassessment-Notice-Constitutional validity-The delegation authorized being only for the purpose of enlarging limitation under a valid law, such delegation could not be exercised to resurrect the provision of law that stood omitted from the statute book by virtue of its substitution made by the Finance Act, 2021, w.e.f. 01.04.2021 – Reassessment notices issued… Read More ...
The Supreme Court has held that S. 148 : Reassessment-Notice-Writ Petition-High Court dismisses the Petition-Not a reasoned order-Order set aside to High Court and decide a fresh on their merits. [S. 147, Art. 226] The Assessee challenged the notice issued u/s 148 of the Act on various grounds before the High Court by filing the writ partition. The High Court dismissed… Read More ...
The Calcutta High Court has held that Realization Stock & Equity Pvt ltd Vs ITO, Ward 4(1), Kolkata & Ors Forum-Calcutta High Court Date-28th March 2022 Sub-Whether patent non application of mind while disposing off the objections can be a ground for quashing the Notice u/s 148 of the Income-tax Act,1961 The Calcutta High Court in this case when represented by Adv… Read More ...
The Supreme. Court has held that Vishal Ashwin Patel Vs ACIT Circle 25(3) & Ors Forum-Supreme Court Date-28th March 2022 Sub-Whether high court while deciding WP under Article 226 against Reassessment notice u/s 148 considering that When the Constitution confers on the High Courts the power to give relief it becomes the duty of the Courts to give such relief in… Read More ...
The Supreme Court has held that *Dy CIT Income-tax, Central Circle 1(2) Vs MR Shah Logistics Pvt ltd* *Forum-Supreme Court Date-28th March 2022* *Sub-Whether accommodation entry received by the respondent in this case which was said to have been received from another party who had declared income under the IDS Scheme which was though found to be incorrect, the reassessment notice… Read More ...
The Supreme Court of India has held that State of Karnataka & Anr etc Vs State of Meghalaya & Anr etc Forum-Supreme Court of India Date-23rd March 2022 Sub-Whether power to levy tax on lotteries under Entry No 62 of List II of Constitution of India lies with a State Government even in respect of those lotteries which are conducted by Central Government… Read More ...
The Allahabad High Court has held that “(i) Whether digitally signing notice would automatically amount to issuance of notice ? (ii) Whether digitally signing a notice and issuing it are two different acts ? (iii) Whether issuance of notice shall take place on the date and time when it is dispatched either electronically or through other mode ? (iv) Whether merely generating… Read More ...
The Bombay High Court has held that S. 147 : Reassessment-After the expiry of four years-Change of opinion-Subsidy-Provision for expenses-Query raised during assessment proceedings-Reply filed-It is not necessary that the assessment order should contain reference or discussion in the assessment order-Order was quashed-Court observed that the order of disposal of objections in to 21 pages and referring 68 case laws without referring… Read More ...
The Bombay High Court has held that S. 44AB : Audit of accounts-Business-Profession–Remuneration received from Partnership Firm-Firm is separate legal entity- Remuneration and interest from partnership firm-Not to be included in gross receipt or turnover-Presumptive basis-No tax Audit is required, if remuneration does not exceeds threshold limit for Tax Audit- Return cannot be treated as invalid for failure to get Tax Audit… Read More ...
The Delhi ITAT has held that Section 263 revisonary proceddings under Income Tax Act, 1961 against a dead person are null and void regardless of the fact whether Department was privy of death or not and Notice issued to the Assessee for attendence on next day shows casual approach of a very senior functionary of the Department that does not augur… Read More ...