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SC Classical Interpretation on Pre-Deposit Criteria Before Appeals

December 3, 2021 4926 Views 0 comment Print

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 […]

Supreme Court dismisses Transfer Petition as withdrawn

November 15, 2021 1482 Views 0 comment Print

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 […]

Reasons recorded on incorrect information are invalid and results in invalidation of reopening

October 18, 2021 9519 Views 0 comment Print

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 […]

Reopening Based on Information must be Reliable with Some Evidence to Believe Purchase as Bogus

October 1, 2021 1485 Views 0 comment Print

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 […]

ITAT deletes addition for alleged Bogus LTCG on Penny Stock

September 24, 2021 7293 Views 0 comment Print

Shri Sanjay Singal Vs DCIT (ITAT Chandigarh) Addition of Rs. 61.86 Crore in 9 Appeals on Account of Bogus Long Term Capital Gain U/S 10(38) Claimed Deleted on Facts of Alleged Penny Scrip of PIL (Praneta Industries Ltd) and Revenue Rule 29 Application Containing Fir Filed by ED Against Companies of Bhushan Group & Statement […]

Section 153C addition based on mere Statement of 3rd party unsustainable

September 21, 2021 5139 Views 0 comment Print

Kuber Products P Ltd Vs ACIT (ITAT Delhi) Statement of 3rd party could not have been used for making an addition in the hands of the assessee in case of search U/S 153A in absence of any corroborative material Delhi High court recent celebrated decision in case of Anand Kumar Jain HUF followed and held […]

ITAT Delhi landmark order on scope of draconian provision of section 153C

September 15, 2021 2391 Views 0 comment Print

DCIT Vs Dalmia Bharat and Industries Ltd. (ITAT Delhi) Now the questions arising before us in this group of appeals were as Under:- i. Whether assessment framed u/s 153C read with S; ection 143 (3) for assessment year 2006 – 07 and 2007 – 08 are barred by the limitation. ii. Whether the assessment order […]

Reopening Quashed when Supplied & Recorded Reasons are Not Same & Verbatim

August 12, 2021 2409 Views 0 comment Print

Jansampark Advertising & Marketing P. Ltd. Vs ITO (ITAT Delhi) Settled position of law as held by the Hon’ble High Court in the case of Haryana Acrylic Manufacturing Co. v. Commissioner of Income Tax 308 ITR 38 [ Delhi] is that the requirement of recording the reasons, communicating the same to the assessee, enabling the […]

No Deemed Dividend Without Doubting Purpose & Genuineness of Business Transaction

August 9, 2021 2073 Views 0 comment Print

Lakhmi Chand Tejoo Mal Vs ACIT (ITAT Delhi) Applying Deemed Dividend Without Disputing Purpose Of Transaction In Violation To CBDT Circular No. 19/2017 Is Invalid. GIST 1. We have carefully considered the orders of the authorities below and the relevant documents brought to our notice. The undisputed fact is that vide agreement to sell dated […]

ITAT Quashes Reassessment on Multiplicity of Errors In Reasons

August 9, 2021 1311 Views 0 comment Print

Lakhmi Chand Tejoo Mal Vs ACIT (ITAT Delhi) MULTIPLICITY OF ERRORS IN REASONS MAKE REASSESSMENT VOID  The ld. counsel for the assessee vehemently stated that 11 entries have been shown in the information and it can be seen that there are repetition of same entries/amounts and the Assessing Officer has, in fact, at para -6 […]

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