Judgements Uploaded By Users In Category: Income-Tax Act
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The Calcutta 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… Read More ...
The Delhi High Court has held that *Bharat Aluminium Co Ltd Vs Union of India & Ors* *Forum Delhi High Court* *Date 14th January 2022* *Sub-Whether the requirement of giving opportunity of personal hearing while passing an assessment order u/s 144B is mandatory or directory and whether not granting the opportunity amounts to violation of principles of natural justice.* The Delhi High… Read More ...
The Bombay High Court has held that S. 147 : Reassessment-Capital gains-Penny stock alternative remedy-Reassessment notice was held to be valid. [S. 45, 142(1), 148, Art. 226] Reassessment notice was issued for verifying the exemption claimed in respect of penny stock on the basis of information received. The objection of the assessee was rejected by the Assessing Officer. On writ dismissing the… Read More ...
The Bombay High Court has held that S. 147 : Reassessment-Reasons recorded-Sanction-Non-application of mind-Strictures-CBDT to formulate a Scheme to train officers for recording reasons-Commissioners to not to grant sanction in a mechanical manner-Reassessment proceedings quashed. [S. 148, 151, Art. 226] Allowing the writ petition the Court held that where the recorded reasons suggested that the assessee received bogus accommodation entries from itself,… Read More ...
The Calcutta High Court, Divission Bench has held that Completion of Faceless Assessment before crossing its time lime is not sustainable and it is in Violation of Principles of Natural Justice. Read More ...
The PUNE ITAT has held that Interest income earned by a co-operative society on its investments held with a co-operative bank would be eligible for claim of deduction under Sec.80P(2)(d) of the Act. Moreover, as the A.O while framing the assessment had taken a possible view, and allowed the assessee's claim for deduction under Sec. 80P(2)(d) on the interest income earned… Read More ...
The Supreme Court of India has held that *The State of Maharashtra Vs Shri Vile Parle Kelvani Mandal & Ors* *Forum-Supreme Court of India* *Date- 7th January 2022* *Sub-Whether a charitable Trust/society in Maharashtra is liable to pay electricity duty under the Maharashtra Electricity Act, 2016 ?* The Supreme Court in this case was called upon to decide whether a charitable society registered… Read More ...
The Supreme Court of India has held that *Kerala State Beverage Manufacturing & Marketing Corporation Limited Vs ACIT, Circle 1(1)* *Forum-Supreme Court* *Date-3/1/2022* *Sub-Whether surcharge on sales tax is liable to be disallowed u/s 40(a)(iib) of Income-tax Act,1961.* The Supreme Court of India allowing the appeal of the State Government undertaking by allowing the arguments of Senior Advocate S Ganesh that the ‘fee’… Read More ...
The Jharkhand High Court has held that Anup Kumar Lakhotia Vs Union of India through CBI Forum-Jharkhand High Court Date-23rd December,2021 Sub-Whether petitioner can be tried under the various section of Indian Penal Code and Prevention of Corruption Act in connection with the illegal transfer of PAN from Kolkata to Hazaribagh to get favourable order u/s 264 of Income-tax Act,1961 from PCIT… Read More ...
The Bombay High Court has held that S. 276C : Offences and prosecutions - Wilful attempt to evade tax - Bogus purchase - Estimate of 12.5 per cent of Bogus Purchase upheld by CIT(A) and ITAT - No penalty was levied - High Court held that prima facie ingredients of offenses are satisfied - Assessee has wilfully and intentionally evaded his tax… Read More ...