Judgements Uploaded By Users In Category: Income-Tax Act
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The Orissa High Court has held that *Amber, Bhubaneswar Vs DCIT, Circle 2(1) & Others* *Forum-Orissa High Court* *Date -5th July 2021* *Sub-Whether reassessment in pursuance of information in the course of search amounts to change of opinion and whether not affording cross examination at the objection stage amounts to violation of natural justice.* In the above case the Orissa High Court… Read More ...
The Supreme Court has held that Such lethargy on part of the revenue department with so much computerization having been achieved is no more acceptable. The petitioner has approached the Court in a casual manner without any cogent or plausible ground for condonation of delay. Looking to the period of delay and the casual manner in which the application has been… Read More ...
The Bombay High Court has held that Interim Order: Stay on Notice issued under section 148 of the Act after March 31, 2021 without following the procedure laid down under section 148A of the Act which is effective from April 01, 2021 Read More ...
The Bombay High Court has held that Interim Order. Stay Granted where the Petitioner contends that section 3 of The Taxation And Other Laws (Relaxation And Amendment Of Certain Provisions) Act, 2020 and the Notification No.20/2021 dated 31st March, 2021, Notification No.38/2021 dated 27th April, 2021, Explanation to clause (A)(a) of Notification No.20/2021 and Explanation to clause (A)(b) of Notification No.30/2021 are… Read More ...
The Gujarat high court has held that Reopening u/s 147 in a scrutinised assessment u/s 143(3) beyond a period of 4 years on external information of bogus LTCG exemption in not maintainable. Notice u/s 148 quashed as issue already considered in original assessment amounts to change of opinion. Recent Supreme Court decision of NDTV explained. Read More ...
The Delhi High Court has held that PCIT Vs Brahma Centre development Private Limited Forum - Delhi High Court Date -5th July, 2021 Sub-Whether the enquiry made by the AO during the course of Assessment has any value for the purpose of initiating proceedings u/s 263 and connected issues The matter related to the treatment of interest on fixed deposit which were… Read More ...
The Gujarat High Court has held that Notice under Section 148 has to be 'served' upon the assessee. If Notice is not served, the same is invalid and deserves to be quashed and set aside. Read More ...
The Gujarat High Court has held that Where a issue was not scrutinized under Section 143(3), however queries were raised before issuance of Notice under Section 148 and the Petitioner responded to the queries and furnished all the relevant details, there is no fault in Petitioner's part and the reopening is impermissible. Where Reasons for reopening mentions that Requisite details were not… Read More ...
The Gujarat High Court has held that Notice issued to a deceased/ dead person under Section 153C is invalid "23. The following principles are discernible from the above referred judgment of this Court : i. The issuance of the notice to a dead assessee is not a mere technical defect which can be corrected under Section 292B of the Act. The issuance… Read More ...
The Gujarat High Court has held that Reopening of a scrutinized issue beyond 4 years is impermissible when the Petitioner had disclosed fully and truly all material facts. Reopening of a scrutinized issue beyond a period of 4 years without there being any fault on Petitioner's part in disclosing fully and truly all material facts amounts to Mere Change of Opinion and… Read More ...