Topics

Gujarat H C. SCA 772012016. Dt. 16/11/16. Alpha Nippon

Held, While making a reference to TPO, speaking order by AO is a mandatory requirement as per CBDT Instruction 3/2016.

R K Patel

SCA 15715/2010. Dt. 30/9/16. Gujarat text book board. Gujarat high court

Held, If s. 11 is processed in assessment, reopening cannot be permitted even within 4 years from end of relevant assessment year to process certain clauses of the same provision which are not touched upon in original scrutiny.

R K Patel

SCA 18015 / 2011, Dt. 19/9/16. Kisan Proteins. Gujarat High court

Held, in absence of finding of books of account being incorrect, valuation report cannot be a basis for reopening even within 4 years from end of relevant year.

R. K. Patel

SCA 13822/2010 Dt. 3/10/16, Anupam Rasayan. Gujarat H.C.

Held, In a reopening u/s 147 beyond 4 years from end of relevant year which is based on reasons from scrutinised case records, explanation to s.147 is not applicable.

R. K. Patel

Guj. HC. Ganesh housing corporation, SCA 13589/2011. Dt. 12/9/16,

Held, Reopening not permissible to disturb relief u/s 80IB(10) for the reason that assessee is a works contractor and not a developer.

R K Patel

TA 568/2016. Dt. 22/8/16. Gujarat high court. Bayat Kutchhi Dasha Oswal Jain Mahajan Trust

Held, s.13(1)(b) cannot be rejected at the time of registration of trust u/s 12A due to reason of trust being of particular religious community, objects of the trust are to be screened.
s. 11 and 13 are to be processed at assessment stage.

R K Patel

GUJARAT HIGH COURT. TAX APPEAL 549/2016. dt. 22/8/16. R. Umedbhai
Held,
Penalty u/s 271(1)(c) not leviable for motive to conceal. Concelment or inaccurate particulars in return attract the charging provision.

R K Patel

Guj H C. TA 265/08. Dt.1/8/16. Vardhman exports.

Held, If no cash is received back and purchase in stock register is backed by corresponding sales with payment through bank, no addition for bogus purchase is sustainable, that to by invoking s.69C.

R K Patel

Guj. H C. Rameshchandra Luthra. TA 252/07. DT. 10/8/16.

Held, Once for all expenditure incurred for removal of restictive covenent or disability is a revenue expense.

R K Patel

SCA 17118/14. Dt. 8 & 9 /8/16. Devraj infrastructures ltd. Guj. H C

Held, Certificate f local authority is an essential requirement for deduction u/s 80IA(4), but appending evidence for completion of work for commencement of industrial park cannot be ignored for issuance of notification by CBDT if substantial requirements  for project completion are complied with.

R K Patel

TA 648/07. Dated 4/8/16. Patel gokul jeram. Gujarat high court

Deleted penalty u/s 271E based on circular applied  in decision.

R K Patel

Gujarat high court. TA 801/2007, dated 10/8/16

held, Investment in shares to be proved by revenue to hold assessee is liable for tax towards undisclosed capital gains.

R K Patel

Bharatkumar. R. Joshi. Gujarat high court. Tax appeal 1474 / 2008, dated 1/8/16.

Held that no addition sustainable on base of jottings having no nexus with business of assessee.

R K Patel

TA 207/2008. Ramanlal B Patel. Gujarat H . C. Dt. 20/7/16.

Addition not sustainable if based solely on statement retracted and order is a nullity due to lack of opportunity of cross examination.

R K Patel

GUJARAT HIGH COURT. SOMA TEXTILES. TA 1286/09. Dt. 18.7.16
Even if quantum addition is confirmed, penalty u/s 271(1)(c) not leviable though auditor has made a mistake in his report of non disclosure and books are not produced at assessment stage.

R K Patel

M/S. L M Patel & sons. TA 376/2007. Dt. 13/7/16. GUJ H C

Held, There has to be an adjustment entry of valuation of closing stock in subsequent year as a consequence to accepted VDIS proceedings.

R K Patel

Gujarat high court. TA 1437/2007. Chetnaben  J. Shah Dt. 14/7/16

Held, Mere speculation of earning of income cannot be a ground for addition based on statement in search without any support of docement or corroborative evidence.
CBDT circulars considered by court.

R K Patel

TA 725 / 2006. Aman biocol. Dt. 5/7/16. GUJ. H C 

Court held that if money is withdrawn from bank and paid for purchases of raw material and production has resulted, s.69 C fails , more so if income of assessee is exempt.

R K Patel

Guj. H. C. TA 1255/2009 & others. Dt. 1/7/16, Prashant oil mill.

Held, If books are rejected u/s 145, specific additions cannot be made based on those books and best judgement is to be done on basis of history and nature of business and net profit rate in previous year.

R K Patel

TA 1349 / 2008. Dt. 16/6/16. Bipinchandra Bhatia. (Guj.)

Held, Penalty u/s 158BFA is not automatic and is not leviable simply as a consequence to confirmation of quantum additions in appeals.

R K Patel