Judgements Uploaded By Users In Category: Income-Tax Act
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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 ...
The Gujarat High Court has held that The writ applicant opted for the scheme of early retirement as declared by the ICICI Bank Ltd. He received a sum of Rs.15,69,701/ in accordance with the Early Retirement Option (ERO), 2003 Scheme framed by the Bank. He filed his return of income for the year under consideration without claiming benefit of the exemption under… Read More ...
The Allahabad High Court has held that Dayanand Pushpa Devi Charitable Trust Vs Addl Commissioner of Income-tax Forum-Allahabad high court Date-23rd June, 2021 Sub-Whether activity of maintaining hostel in a Dental college amounts to carryon business for the purpose of Section 11(4A) of Income-tax Act,1961 and thus taxable notwithstanding the exemption u/s 11 of the Income-tax Act,1961 The Court was hearing an… Read More ...
The ITAT BANGALORE - B BENCH has held that Aseesee's Employer subjected to search wherein certain information pertaining to assessee also found and assessee also gave a declaration u/s 132(4) admitting the same to be his. Upon being satisfied that it is a fit case for assessment u/s 153C, AO issued notice and later concluded the assessment making certain additions. Penalty proceedings were initiated… Read More ...
The ITAT Agra Bench has held that Section 43B: Employee’s Deduction – Before due date of filing of return – Binding Precedent – Order of Jurisdictional High Court – binding on AO situated within territorial jurisdiction and respective first appellate authority. The Hon’ble Income-tax Appellate Tribunal – Agra Bench in the case of Mahadev Cold Storage v. Jurisdictional AO ITA No.41 &… Read More ...
The Bombay High Court - Goa Bench (Full Bench) - Honourable Justice Mr. Dama Seshadri Naidu, Honourable Justice Mr Bharati H. Dangre, Honourable Justice , Smt. M.S. Jawalkar has held that S. 271(1)(c) : Penalty–Concealment-Non-striking off of the irrelevant part while issuing notice under section 271(1)(c) of the Income-tax Act,- Order is bad in law-Assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness. [S. 274] A Full Bench of the Hon’ble… Read More ...
The Income-tax Appellate Tribunal-Mumbai Bench (SMC), Honourable Shri Sakijit Dey (Judicial Member) has held that S. 11 : Property held for charitable purposes - Assessee is engaged in educational activities to spread education in matters relating to tax laws, other laws and accountancy-Entitle to exemption – Order of CIT (A) denying the exemption was reversed . [S.2(15)12A, 80G] Facts: The Assessee is a Charitable Organization which was established on November… Read More ...
The Delhi High Court has held that For AY 2018-2019 Draft Assessment Order and Show Cause notice were issued during lockdown which petitioner could not comply due to lockdown. National Faceless Assessment Centre completed the assessment on 23-5-2021 during lockdown itself. In this interim order Hon'ble Delhi High Court admitting the WRIT stayed the assessment order. Read More ...
The Delhi High Court has held that A careful perusal of clause (vii) of Section 144B (7) would show that liberty has been given to the assessee, if his/her income is varied, to seek a personal hearing in the matter. The usage of the word 'may' cannot absolve the Revenue from the obligation cast upon it, to consider the request made for… Read More ...