ITAT Delhi held that re-assessment notice issued under section 148 of the Income Tax Act and sent to unrelated e-mail address is regarded as never served to assessee and hence re-assessment order framed thereon is nonest and bad in law.
ITAT Mumbai held that assessee is permitted to set off unabsorbed depreciation pertaining to AY 1997-98 to 2001-02 against short term capital gains. Accordingly, AO is directed to delete the addition and appeal of the assessee is allowed.
Allahabad High Court referred the investigation in matter of Noida Sports City Scheme 2010-2011 to CBI to unearth scam since dirty nexus of the builders and the officials of the Noida Authority was noted, where benefits after benefit were doled out to the builders.
Delhi High Court held that Resale Price Method (RPM) is the most appropriate method to determine arm’s length price since assessee purely acts as a distributor and makes no value addition. Thus, appeal of revenue dismissed.
Madras High Court held that income from sale of shares is to be treated as business income since money was borrowed and invested in shares only for the purpose of trading in shares. Accordingly, income from sale of shares cannot be treated as short-term capital gain.
Delhi High Court held that the system of imposition of anti-dumping duty does not end with the disclosure statement being published. Thus, held that the writ petitions cannot be held to be not maintainable at the stage of the disclosure statement.
Present matter involves Nowheira Shaik who is executive Chairperson and Founder of the Heera Group. He is accused to have been involved in cheating various investors. Accordingly, to refund the investors ED had attached 96 properties.
Mere presence of carbon dioxide or carbonated water cannot be treated to classify the subject items under water or carbonated water. Therefore, the classification sought to be made by the Revenue cannot be accepted.
Delhi High Court held that passing of three contradictory orders by CESTAT in the same appeal is not justifiable. However, appeal of department before CESTAT dismissed as the amount involved was below monetary limit.
During the course of a survey, it was seen that the assessee had defaulted in deducting tax at source on interest paid to AGE Patel Joint Venture (JV) in Financial Year (FY) 2016-17 on Mobilisation advance and Machinery advance.
