high court judgments - Page 4

Validity of Re-Assessment Proceedings can be questioned at any Stage

Km. Teena Gupta Vs Commissioner Income Tax Bareilly (Allahabad High Court)

Issue of validity of reassessment proceedings is a jurisdictional issue. It goes to the root of the matter. The Tribunal ought to have examined the ground no.3 raised in the assessee's appeal on its merit without being prejudiced by the facts that the reassessment order has been passed on the exparte basis in which the proceedings the ass...

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Refund Seized Money in New Currency Notes: HC to IT Dept.

Union of India & Anr. Vs. State of West Bengal & Ors. (Calcutta High Court)

Extinguishment of liability of the Reserve Bank in respect of any specified currency note under section 3 of the Act of 2017 is subject to a direction issued by a Court of law permitting a person to hold on to specified currency notes in connection with a pending proceeding and the Bank cannot deny its liability in such cases if the said ...

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Extend Crop Loan Waiver Scheme to All Farmers: Madras HC

National South Indian Vs The Government of Tamil Nadu (Madras High Court)

HC held that denial of benefit of waiver of crop loans to the farmers who had cultivated lands exceeding 5 acres is a clear discrimination violating Article 14 of the Constitution of India. ...

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Section 54F: Mere allotment letter issued by developer does not confer title

Rasiklal M. Parikh Vs Assistant Commissioner of Income Tax (Bombay High Court)

1. This appeal under Section 260 A of the Income Tax Act, 1961(the Act) assails the order dated 31st October, 2012 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order relates to Assessment Year 2006-07 2. This appeal was admitted on 28th January, 2015 on the following substantial questions of law:-...

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Deemed Dividend cannot be assessed in the hands of Company issuing shares

Principal Commissioner of Income Tax Vs M/s. Ennore Cargo Container Terminal P. Ltd. (Madras High Court)

Though, advance received by assessee company may have been for the benefit of the aforementioned registered shareholders, it could only be assessed in the hands of those registered shareholders and not in the hands of the assseeee-company....

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Sec. 68 Mere Establishing Identity of Creditors is not sufficient

Sunil Thomas Vs Income Tax Officer (Kerala High Court)

It, therefore, further logically follows that the creditor's creditworthiness has to be judged vis-a-vis the transactions, which have taken place between the Assessee and the creditor, and it is not the business of the Assessee to find out the source of money of his creditor or of the genuineness of the transactions, which took between th...

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Understatement of income cannot be assumed merely for shockingly low income

Rajendra Goud Chepur Vs ITO (AP & T High Court)

Without any concrete facts, reopening cannot be ordered merely on the presumption that the returned income is very shockingly lower than the total gross receipts....

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TDS cannot be adjusted against Payment made under VDIS

Earnest Business Services Pvt. Ltd. Vs The Commissioner of Income Tax (Bombay high Court)

This Petition under Article 226 of the Constitution of India challenges a communication dated 18th March, 1998 of the Commissioner of Income Tax, Mumbai City­ III and the Circular dated 25th July, 1997 of the Central Board of Direct Tax (CBDT). ...

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Delhi HC Clarifies Limitation period for Appeal filing by Revenue

Pr. Commissioner of Income Tax-4 Vs Gulbarga Associates (p) Ltd. (Delhi High Court)

The central question that arises for consideration before this Bench is whether the words “the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner” in Section 260A (2) (a) of the Income Tax Act, 1961 (‘Act’) mean only the ‘jurisdictional’ Principal or Chief Commissioner of Incom...

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Levy not specified in SCN cannot be levied by Settlement Commission

M/s. Pravin Tex Pvt. Ltd. Vs The Customs & Central Excise Settlement Commission (Madras High Court)

This is an appeal preferred against the judgement of the learned Single Judge, dated 12.09.2016. 2. By virtue of the said judgement, the learned Single Judge disposed of a batch of writ petitions, which included, the writ petition filed by the appellant, before us....

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