Judgements Uploaded By Users In Category: Income-Tax Act
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The ITAT Mumbai has held that The Assessing Officer-CPC has used a standard reason to the effect that “As there has been no response/the response given is not acceptable, the adjustment(s) as mentioned below are being made to the total income as per provisions of Section 143(1)(a)”, and has not even struck off the portion inapplicable. To put a question to… Read More ...
The Bombay High Court has held that S. 147 : Reassessment-With in four years-Change of opinion- Payment to related parties-Incentives to senior employees- Difference in VAT return and Turnover as per profit and loss account-Reconciliation-Questions asked in the course of original assessment proceedings-No discussion in the assessment order- Reassessment notice was quashed. [S. 40A(2)(b), 148, Art. 226] The assessment of the petitioner… Read More ...
The Bombay High Court has held that Reopening within four years – deemed rental income on stock in trade & Section 43CA on difference in Agreement value and stamp value – issues examined in original assessment proceedings- change of opinion – reopening is bad in law. Reopening was done on two issues. The first issue was that petitioner has, in the profit… Read More ...
The Bombay High Court has held that If NFAC is a party respondent, the cause title will state NFAC c/o. concerned Principal Commissioner of Income Tax and that Principal Commissioner of Income Tax shall accept service on behalf of NFAC. Read More ...
The Bombay High Court has held that S. 263 : Commissioner-Revision of orders prejudicial to revenue- Payment to specified persons-Revision proceedings cannot travel beyond the reasons given in show cause notice- 0rder of Tribunal is affirmed. [S. 40A(2)(b)] Dismissing the appeal of the revenue, the Court held that, where the show cause notice under section 263 of the Act suggested only 2… Read More ...
The Bombay High court has held that PCIT Vs Universal Music India Pvt Ltd(Bombay High Court) Date-19th April,2022 Sub-Whether CIT in terms of power available u/s 263 can travel beyond the terms of Show cause notice without giving any opportunity of hearing and ratio of judgement of Supreme Court in the case of CIT Vs Amitabh Bachchan (2016) 384 ITR 200(SC). The… Read More ...
The ITAT, Cuttack has held that Approval given under section 53D by the JCIT for passing assessment orders is without application of mind as the JCIT has not mentioned in the approval order that he has gone through the relevant assessment records and draft assessment order for granting approval. Read More ...
The Supreme Court of India has held that WIPRO Finance Limited Vs CIT(Supreme Court of India) Date-12th April,2022 Sub-Whether foreign exchange fluctuation of Rs 1.10 crore incurred for the purpose of borrowing in the business of financing and leasing is a revenue expenditure allowable u/s 37 and also whether the ITAT has power to entertain a new claim of Rs. 2.46 crores for… Read More ...
The Bombay High Court has held that Mistake in Recorded reason- No reason to believe - Approval u/s 151 is mechanical. A mistake in recorded reason could certainly not be the reason to believe that petitioner’s income has escaped assessment. Approval under Section 151 of the Act also has been given on the same reasons, which would also indicate total non application… Read More ...
The Supreme Court has held that S. 147 : Reassessment-Beyond four years-Tangible material-Reason to believe-In the form of documents, relevant to the issue -Sufficiency of that material cannot dictate the validity of the notice. [S. 148] Where the “reasons to believe” forming part of the Section 147 of the Act, clearly point to the fact that the reopening of assessment was… Read More ...