The Tribunal ruled that reassessment proceedings initiated against a dead person are void in law. A valid notice must be issued to the legal heirs under Section 159 before initiating reassessment.
The Tribunal held that a communication proposing adjustment under Section 143(1) is not an appealable order. Only the final intimation determining tax liability can be challenged through an appeal.
The Tribunal ruled that cash deposits routed through a partners personal bank account were explained as firms business receipts. Without evidence of undisclosed sources, Section 69A addition cannot be made.
The High Court set aside a preventive detention order under the Public Safety Act after finding that the District Magistrate merely relied on a police dossier without independently evaluating the material. The Court held that such mechanical approval violates personal liberty.
The court ruled that submitting revised returns showing higher income after a search does not wipe out earlier concealment. Criminal proceedings for wilful tax evasion and false statements remain maintainable.
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The Tribunal held that renting a building for operating a hotel falls within the statutory exclusion under Section 65(105)(zzzz) of the Finance Act, 1994. Therefore, the service tax demand on the leased hotel property was set aside.
Hriday Vs ITO (Exemption) (Delhi High Court) The Income Tax Appellate Tribunal (ITAT), Delhi Bench, decided a batch of five appeals filed by a charitable society registered under Section 12A of the Income-tax Act, 1961 for Assessment Years (AYs) 2010–11 to 2014–15. The appeals challenged a common order of the Commissioner of Income Tax (Appeals) […]
The court held that civil courts retain jurisdiction in partition disputes involving property under SARFAESI proceedings because the Debts Recovery Tribunal cannot grant partition relief.
The Tribunal ruled that a sale made after creation of an equitable mortgage cannot defeat the bank’s security interest, leading to dismissal of the borrower’s challenge.
