Judgements Uploaded By Users In Category: Income-Tax Act
These judgements are uploaded by our esteemed readers. If you have a judgement on an important topic that you would like to share with others, please use this form to upload it
The Calcutta High Court has held that McNally Bharat Engineering Co Ltd and another Vs ACIT Circle 1(1),Kolkata Forum-Calcutta High Court Date-6th August 2021 Sub-Whether refunds determined in pursuance of an assessment order u/s 143(1) can be withheld without passing an speaking order as required by law as per Section 241A read with Section 245- Landmark decision The Single Bench of Calcutta… Read More ...
The Madras High Court(Madurai Bench) has held that Vetrivel Minerals Vs ACIT CC-2,Madurai Forum- Madras High Court Madurai bench Date -3rd August 2021 Sub-Whether assessment orders passed in pursuance of search on the basis of electronic evidences in the form of excel sheet, emails ,WhatsApp chats can be without having regard to Section 65B of the Indian Evidence Act and whether cross examination… Read More ...
The Madras High Court has held that Pentamedia Graphics Limited Vs ACIT Media Circle-1 Chennai WP No 28836 & 28837 of 2014 Date-20th July 2021 Forum -Madras High Court Sub- whether the period of limitation u/s 153 for the purpose of passing order u/s 148 in a case where proceedings are stayed by a court are to be counted from the date… Read More ...
The Madras High Court has held that *Vedanta Limited Vs DCIT CompanyCircle 6(2), Chennai *. *WP No 25529 of 2015* *Forum Madras High Court* *Date -15th July2021* *Sub-Whether when the notice u/s 148 is issued in the name of a company which is already merged with another company, Can the apex court decision in the case of Maruti Suzuki be applied or… Read More ...
The Calcutta High Court has held that *Tripura Cricket Association Vs The ACIT & Ors* *Date 26th July 2021* *Forum Calcutta High Court* *WPA No 8480 of 2020 and 8483 of 2020* *Sub-Whether petition u/s 119(2)(b) of the Income-tax Act,1961 for condonation of delay in filing Form No 10 can be entertained by CBDT beyond the period as prescribed* The appellant in… Read More ...
The Mumbai Tribunal has held that S. 54F : Capital gains-Investment in a residential house-Sale of land -Allotment of flat as per an escrow document-Denial by builder- Assessing Officer taxing the value of flat as deemed consideration and denying the exemption-Since Assessee has performed his part of duty by disclosing the sale prior to its receipt, then it is deemed on… Read More ...
The Delhi High Court has held that Civitech Developers Private Limited Vs National E-assessment Centre, New Delhi Date-22nd July 2021 Forum-Delhi High Court Sub-Whether grant of personal hearing is mandatory before an e-assessment order is passed In this case where the request for personal video link was not enabled inspite of repeated requests, the Appellate could not explain the complex issue to… Read More ...
The Delhi High Court has held that S. 254(1) : Appellate Tribunal-Duties-High Court directed the Appellate Tribunal to upload the daily order sheets and revised cause list on its website-System in this regard be put in place by the ITAT, if not already there as expeditiously as possible, preferable within three months. [S. 255, Art. 226] The Miscellaneous application of the assessee… Read More ...
The ITAT Delhi has held that To elaborate, Section 142 of the Act provides for the procedure to be followed by the A.O. while making the requisite enquiries before concluding an assessment. Section 142(1) of the Act empowers the A.O. to call for information/material from the assessee. Section142 (2) empowers the A.O. to make such enquiry as may be necessary for… Read More ...
The MADRAS HIGH COURT has held that After 4years from the end of the assessment year, a scrutiny assessment allowing deduction u/s. 10B can't be re-opened for the reason that the approval by Industries Department has not been ratified by the board. Read More ...