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Archive: 16 April 2021

Posts in 16 April 2021

Delhi HC Permits Service of Notice & Summons via Whatsapp/Email/Fax Amid Covid 19

April 16, 2021 5253 Views 0 comment Print

Till further orders, all documents/ not summons/Daks through physical mode be dispensed with, except where there, is a specific order to that effect by the Hon’ble Court, and that such service be instead permitted to be effected through e-mail/fax/whatsapp.

Sale Consideration cannot be Determined merely on Form 26AS

April 16, 2021 7947 Views 0 comment Print

Jaya Prakash Vs ITO (ITAT Bangalore) Admittedly in this case, the CIT(A) determined the sale consideration on the basis of Form 26AS without seeing the actual sale deed entered by the assessee with concerned parties. In our opinion, sale consideration cannot be determined only on the basis of Form 26AS. The provisions of s.2(47)(v) can […]

Extension of ad-hoc appointment of 174 officers to JCIT grade

April 16, 2021 1350 Views 0 comment Print

Office Order No.103 of 2021 [Extension of ad-hoc appointment to the grade of JCIT from 01.01.2021 to 31.12.2021 or till these officers are appointed to the grade of JCIT on regular basis, whichever is earlier] F. No. A-3201211212019-Ad.VI Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes} ***** North Block, […]

No Section 271F penalty for delayed Income Tax Return filing due to financial difficulties

April 16, 2021 9063 Views 0 comment Print

ACIT Vs Metric Stream Infotech (India) Pvt. Ltd. (ITAT Banglore) There is a categorical finding returned by Ld.CIT(A) that assessee was unable to get loan from Citibank for meeting the expenses and Citibank also refused to extend the loan. Subsequently assessee was waiting for funds from the principle which was received only after 31/03/2013 by […]

Justice delayed – Justice denied – Another possible case

April 16, 2021 1596 Views 0 comment Print

1. Section 26 of Maharashtra VAT Act (MVAT Act) was amended by the State Legislature on 15 April 2017, by which condition of pre-deposit of certain percentage of disputed tax amount at the time of filing 1st and 2nd appeals was introduced. 2. Sub-sections (6A), (6B) and (6C) to Section 26 read as under: “26. […]

Bombay HC Takes Cognisance of Covid-19 Surge In Prisons

April 16, 2021 540 Views 0 comment Print

High Court on its own motion Vs State of Maharashtra and Ors. (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT This Suo Motu Public Interest Litigation is initiated Re: the rise in COVID-19 Virus cases in March-April 2021 in the prisons in the State of Maharashtra. 2. Newspaper reports, more particularly, […]

ITAT Quashes Ex-Parte Assessment without notice for hearing to Assessee

April 16, 2021 2580 Views 0 comment Print

Blackberry Tradecom Pvt. Ltd Vs ITO (ITAT Kolkata) We find that the ld. CIT(A) has passed an ex-parte order as the assessee had not responded to the notices of hearing on 09.03.2017 and 14.03.2017. The AO also passed an order u/s 144 of the Act. The ld. Counsel for the assessee submits that notice of […]

Bombay HC Stays Evictions, Dispossessions, Demolitions Till 07.05.2021

April 16, 2021 1083 Views 0 comment Print

In re Court On Its Own Motion (Bombay High Court) FULL TEXT OF THE JUDGMENT/ORDER of BOMBAY HIGH COURT The second wave of the pandemic, arising out of COVID-19 virus, has been wreaking havoc just as the first wave did in the year that went by. To combat the rising second wave, the Government of Maharashtra […]

ITAT grants stay to Dell International till 30.09.2021

April 16, 2021 384 Views 0 comment Print

Dell International Services India Pvt. Ltd. Vs ACIT (ITAT Bangalore) We find that the appeals were listed for hearing and adjourned and the delay for non-disposal of the appeals is not attributable to the assessee. Considering the overall facts and circumstances of the case and following the decision rendered by Hon’ble Delhi High Court in […]

Re-opening of assessment based on mistake of opinion is bad in law

April 16, 2021 738 Views 0 comment Print

ACIT Vs M/s. Sattva Developers Pvt. Ltd. (ITAT Kolkata) From the entry made on 06-09-2011, it would be found that the Authorised Representative filed all the details excepting the explanation regarding treatment of compensation, and for this purpose the hearing was adjourned to 13-09-2011. The next entry on 19-09-2011 inter alia reads that the Authorised […]

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