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Tribunal cannot Transfer Case on Account of Convenience of Respondent

May 21, 2021 2370 Views 0 comment Print

MSPL Limited Vs PCIT (Bombay High Court) Tribunal Cannot Transfer Case On Account of Convenience of Respondent Out of State Bench And Even Such Administrative Order Can Be Challenged In Writ Bombay High court classical and landmark decision on power of Tribunal while analysing Rule 4 of ITAT rules regarding transfer of case from bench […]

Notice of Vat Audit invalid if issued beyond limitation date of Reassessment

May 21, 2021 18939 Views 0 comment Print

Yogi Petroleum Vs Commissioner of VAT (Bombay High Court) Bombay high court landmark decision in Yogi Petroleum and Others Vs Commissioner of VAT quashing VAT AUDIT OF BUSINESS AFFAIRS NOTICE when issued beyond time limit from reassesssment u/s 34 of VAT regulations of 4 years and other host of issues analysed in tax matter writ […]

Interest on compulsory acquisition of land u/s 28 of Land Acquisition Act is exempt

May 17, 2021 24960 Views 0 comment Print

ITO Vs Chawli Devi (ITAT Chandigarh) Interest received by assessee on compulsary acquisition of of its land u/s 28 of Land Acquisition Act is in the nature of compensation and not interest which is taxable under the head of income from other sources u/s 56. FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT These […]

Section 143(2) Notice on very same day of Return Filing makes Reassessment Invalid

May 14, 2021 2991 Views 0 comment Print

Simranpal Singh Suri Vs ITO (ITAT Delhi) This shows that the notice u/s 143(2) was issued to the assessee on the very same day on which the assessee appeared and furnished copy of ITR in response to notice u/s 148 of the IT Act. It has been held in various decisions that when the notice […]

Explanation 2(c) to Section 147 is merely to explain the scope of re-assessment

May 13, 2021 2268 Views 0 comment Print

Sanmina-SCI Technology India Private Ltd. Vs ACIT (Madras High Court) Explanation 2(c) to Section 147 will not come to the aide of the relevance as, while the income chargeable has been made subject to excessive relief, the explanation cannot override the statutory prescription of limitation as set out in the proviso to Section 147. The purpose of the […]

Section 68 not applies when assessee explained nature & source of Income

May 13, 2021 2184 Views 0 comment Print

Harish Sharma Vs ITO (ITAT Chandigarh) Admittedly, in the present case the notebook entries containing entry pertaining to the business of M/s Sharma Overseas Services was recovered from the possession of the assessee. The authorities below have not rejected the contention of the assessee that the entries in note book pertained to the business concern […]

Cash Receipts from Sales during Demonetisation cannot be added As Income if No Defect in Stock of Assessee

May 12, 2021 7524 Views 0 comment Print

ACIT Vs Hirapanna Jewellers (ITAT Visakhapatnam) In the instant case the assessee has established the sales with the bills and representing outgo of stocks. The sales were duly accounted for in the books of accounts and there were no abnormal profits. In spite of conducting the survey the AO did not find any defects in […]

ITAT reprimands officers for delaying tactics during pandemic & rejects adjournment request

May 11, 2021 1719 Views 0 comment Print

DCIT Vs Saroj Kumar Poddar (ITAT Kolkata) Kolkata bench first  of its kind of Interim order on the subject of endless adjournments by revenue on pretext of covid 19  and resultant pains to tax payer languishing for justice held remarkably as follows:- The Revenue is also raising strong objections, without any valid ground, for the […]

Appellate Authority can exercise Power under Rule 46A suo-motu without any application from any of contesting party

May 6, 2021 660 Views 0 comment Print

DCIT Vs Kewalram Textile Pvt. Ltd. (ITAT Ahmedabad) The power of the appellate authority to direct for the production of a document or examination of the witness as a matter of fact is in furtherance of any enquiry contemplated by Section 250(4) of the Act is contained in sub Rule 4 of Rule 46-A of […]

HC admit writ against NFAC Assessment order passed without proper SCN

May 4, 2021 2133 Views 0 comment Print

SAS Fininvest LLP Vs National-Assessment Centre Income Tax Department New Delhi (Delhi High Court) DELHI HIGH COURT admitted writ petition on account of not giving proper show cause notice (SCN) with material prior to passing of assessment order against NFAC. Also first time honourable court took cognizance of board instructions cited by us and reproduced […]

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