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Facts already disclosed in return cannot constitute incriminating material found during search

June 9, 2021 1173 Views 0 comment Print

ACIT Vs CMG Steels Pvt. Ltd. (ITAT Chennai) Facts already disclosed in return of income cannot constitute incriminating material found during search. Also held cross examination importance when requested without which addition becomes invalid In the present case, on perusal of facts available on record, we find that the AO has made additions towards unsecured […]

HC set aside assessment by NFAC for no personal hearing

June 9, 2021 4035 Views 0 comment Print

Delhi High Court sets aside NFAC assessment due to lack of personal hearing, emphasizing transparency and accountability in the system.

LTCG cannot be treated as Bogus merely on information from investigation wing

June 8, 2021 5160 Views 0 comment Print

Jayesh Shantilal Vira Vs ACIT (ITAT Mumbai) Addition u/s 10(38) on alleged bogus Long Term Capital Gain (LTCG) deleted where no further verification made by AO except solely reliance on information from investigation wing. ITAT held that the long term capital gain on the sale of shares of M/s. Blue Circle Services Ltd. is not […]

ITAT deletes addition for LTCG made without Independent Verification

June 7, 2021 1320 Views 0 comment Print

ITAT Mumbai ruling on Anusmriti Sarkar vs ITO case. Analysis of LTCG from Kailash Auto Finance Scrip, added without independent verification. Get insights into key decisions.

Mere partition between joint family members cannot terminate HUF status

June 2, 2021 3129 Views 0 comment Print

Sri. A.P. Oree Vs ITO (Madras High Court) Any partition between the members of the joint family   cannot terminate the status of HUF unless it is shown that the joint family property was physically divided in accordance with the agreement or decree of the court.  It is the contention of the Income Tax Department […]

Non Disposal of Objections Before Concluding of Assessment With Separate Speaking Order Makes Assessment Nullity

May 24, 2021 5160 Views 0 comment Print

Duggal Estates Pvt. Ltd. Vs ITO (ITAT Delhi) From the reasons it can be seen that the Assessing Officer was not specific as to on what basis the Assessing Officer has the reason to believe that the income of the assessee to the tune of 1 crore has escaped assessment. In fact, in one para […]

Tribunal cannot Transfer Case on Account of Convenience of Respondent

May 21, 2021 2259 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 18249 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 24366 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 2931 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 […]

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