Tata Capital Financial Services Limited Vs ACIT (Bombay High Court) Bombay High court (HC) lays guidelines on reopening cases for assessing officer (AO) for strict compliance Bombay high court coming down heavily on income tax department in section 148 reopening cases where revenue is held not transparent with tax payers in sharing of requested information […]
Mangalore Refinery and Petrochemicals Limited Vs DCIT (Bombay High Court) Lastly, it would be contextually relevant to note that the rejection of the objections to the reopening also suffers from a familiar error, which the notices for reopening usually manifest. The Assessing Officer in the impugned order recorded that though the details of the expenses were […]
Rajdeep Marketing Private Limited Vs Income Tax Officer (Bombay High Court) HC observed that, If on identical reasons raised for Assessment Year 2012-13 petitioner’s explanation has been accepted and no addition made, certainly on the same ground, we wonder how an allegation of escapement of income can be made for the subsequent Assessment Years. In […]
Small Industries Development Bank of India Vs Central Board of Direct Taxes (Bombay High Court) Bombay high court in income tax matter in case of SIDBI vs CBDT … Explaining at length operative impact of non obstante clause A non-obstante clause is generally appended to a Section with a view to give the enacting part […]
Bombay HC’s stern remarks on casual approach by Revenue in Amrutlal V. Rukhana Vs. Rao Ranvijay Singh, CIT. Lack of assistance results in loss of public money.
Bpip Infra Private Limited Vs ITO (Rajasthan High Court) In these cases petitioners are aggrieved of issuance of the re-assessment notice u/s.148 of the Income Tax Act, 1961, which according to the petitioners are barred by limitation and that the Department before issuing the notice under Section 148 of the Act has not followed the […]
VVF (India) Limited Vs The State of Maharashtra (Supreme Court of India) While analyzing the rival submissions, it is necessary to note, at the outset, that, under the provisions of Section 26(6A), the aggregate of the amounts stipulated in the sub-clauses of the provision has to be deposited and proof of payment is required to […]
Rajinder Kumar Vs Central Board of Direct Tax & Anr. (Supreme Court of India) The Court is convened through Video Conferencing. Learned Additional Solicitor General appearing for the petitioner – C.B.D.T. in T.P. (Civil) Nos. 18651866/2021 after arguing for some time, seeks permission to withdraw the Transfer Petitions. In view of the request made, the […]
Madan Mohan Tiwari Vs ITO (ITAT Delhi) Once information received by AO were shown in objections as incorrect, entire jurisdiction on such reasons cease to exist and thus reopening should be dropped. Such non application of mind therefore at recording reasons as well as disposal of objections invalidate entire reopening. FULL TEXT OF THE ORDER […]
Dove Consultants Pvt. Ltd. Vs DCIT (ITAT Delhi) Reopening Based on Information must be Reliable and Some Evidence to Believe Purchase as Bogus, Proceedings Quashed By Delhi ITAT We have considered the rival contentions of both the Ld. Representative of the parties. A perusal of the reasons recorded for reopening of the assessment (as reproduced […]
