Judgements Uploaded By Users In Category: Income-Tax Act
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The Bombay High Court has held that High Court accepts plea regarding glitches in the operation of faceless assessment procedure. On the ground that request for personal hearing was not taken into consideration and the assessee was asked to respond to the draft assessment order over the weekend which period was subject to lockdown on account of COVID-19, the High Court has… Read More ...
The Bombay High Court has held that Learned counsel for the Petitioner submits that the impugned order has been passed without giving proper opportunity of hearing, despite the same had been sought. He submits that the order is not in adherence to principles of natural justice and the prescribed procedure. In view of aforesaid, till the returnable date, further action pursuant to… Read More ...
The ITAT Kolkata has held that FIRST INTERIM ORDER BY ITAT KOLKATA - DIRECTION TO REVENUE Kolkata bench first of its kind order on the subject of endless adjournments by revenue on pretext of covid 19 and resultant pains to tax payer languishing for justice held remarkably That 4.1. The Revenue is also raising strong objections, without any valid ground, for… Read More ...
The Delhi High Court has held that FIRST AND LANDMARK - DELHI HIGH COURT - WRIT ADMITTED IN 153C CASE OF NON SEARCHED PERSON FOR NOT SUPPLYING SATISFACTION NOTE AND STATEMENT WITH ASSESSMENT ORDER WRIT ADMITTED IN 153C CASE OF NON SEARCHED PERSON FOR NOT SUPPLYING SATISFACTION NOTE AND STATEMENT WITH ASSESSMENT ORDER (ii) That, although, the impugned assessment order refers to… Read More ...
The Mumbai Tribunal has held that S. 23 : Income from house property- Annual value-Builder-Stock in trade- Addition of notional rent estimated by the Assessing Officer in respect of unsold flats which are held as stock-in trade is held to be not valid. [S. 22, 23(5), 24] The assessee is in the business of construction of housing flats . The Assessing… Read More ...
The Madras High Court has held that Assessment order under faceless assessment scheme struck down as it is passed in gross violation of principles of natural justice W.P. No.10433 of 2021 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.04.2021 CORAM HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.10433 of 2019 & WMP Nos.11029 & 11032 of 2019 1 Ekambaram Sukumaran Plot No.20… Read More ...
The ITAT Mumbai has held that The ITAT Mumbai Bench has explained the impact of an Advance Pricing Agreement being signed by the assessee’s Indian associated enterprises, namely GIA India Laboratory Pvt Ltd, with the Central Board of Direct Taxes, in terms of which a part of the royalty received by the assessee company from its Indian AE had to refund… Read More ...
The ITAT Mumbai has held that Exceptions in low Tax effect circular not applicable to Penalty appeals We find at the outset, the ld AR argued that penalty that is in dispute before us, falls below the monetary limit prescribed by the CBDT in its Circular No. 17/2019 dated 08/08/2019 for preferring appeal by the Revenue before this Tribunal. We find… Read More ...
The Delhi High court has held that Writ Petition admitted on the point that the assessment has been carried out under the Faceless Assessment Scheme, 2019 read with Faceless Assessment (1st Amendment) Scheme, 2021, without the revenue issuing a show-cause notice (accompanied by the relevant material) before proceeding to pass the impugned assessment order. 1. Allowed, subject to the applicant/petitioner curing the… Read More ...
The Madras High Court has held that Madras high quashes an assessment order passed by NFeAC even before the time to respond elapsed. "Since the impugned order has been passed before the time prescribed for filing the reply, it is evident that the impugned order has been passed with pre-set mind. In any event, the order has been passed without considering the… Read More ...