"Mr.Kapil Goel B.Com(H) FCA LLB, Advocate Delhi High Court advocatekapilgoel@gmail.com, 9910272804 Mr Goel is a bachelor of commerce from Delhi University (2003) and is a Law Graduate from Merrut University (2006) and Fellow member of ICAI (Nov 2004). At present, he is practicing as an Advocate Delhi High Court. His expertise lies in Direct Tax litigation and prompt in-depth analysis of latest Case Laws. He has represented more than 1000 cases at appellate authorities incl. ITAT and High Court level. He is member of Direct tax representation committee in All India Federation of Direct Tax Practioners for interaction with CBDT and Ministry of Finance. He is awarded as best speaker emerging talent (Direct taxes) by NIRC-ICAI (2011; 2015) He is designated faculty for International Taxation Certificate Course being conducted by Committee of International Taxation ICAI.He is also nominated as a co-opted member of Committee on International Taxation for the year 2020-21 by ICAI. Addressed more than 1100 seminars in Bar Associations and Training in Corporates and ICAI branches/Study Circles/ Regional Councils/Direct tax Committee etc."
The Court held that a 21-month delay in recording the satisfaction note violates the requirement of immediacy. It ruled that such delay renders proceedings time-barred and invalid.
The case addressed whether a special audit can be ordered without establishing complexity or defects in accounts. The Court examined whether mechanical invocation of Section 142(2A) without proper justification is legally sustainable.
The Tribunal held that additions made without issuing a mandatory show-cause notice violate CBDT instructions and natural justice. Key takeaway: Procedural compliance is essential for valid assessments.
ITAT Kolkata quashes reassessment u/s 147, stating that search-based findings must follow Section 153C. Read the full case details and judgment summary.
ITAT Kolkata quashes assessment reopening in Sudha Surana case, citing lack of AO’s application of mind and invalid PCIT approval.
Telangana High Court sets aside ITAT’s remand to CIT(A) in a penalty case, emphasizing the Tribunal’s duty as a final fact-finding body.
ITAT Delhi rules only actual income from bogus sales/purchases can be taxed. Disallows additions exceeding declared income. Key insights into tax assessment process.
Mechanical approval under Section 153D invalidates assessment orders, per ITAT Delhi in Kavita Jain vs DCIT. Analysis of procedural lapses and judicial precedents.
Delhi High Court quashes notices issued under Section 148 due to lack of sanction from competent authority, emphasizing compliance with tax laws.
Supreme Court rules non-furnishing of approval under Section 151 fatal for reassessment, affirming Delhi High Court’s decision in ITO Vs Tia Enterprises Pvt. Ltd.
