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HC Set Aside Assessment Order for lack of adequate opportunity

July 26, 2023 513 Views 0 comment Print

Madras High Court sets aside the impugned Assessment order for the Assessment Year 2017-2018, citing lack of adequate opportunity for the petitioner to be heard. The case is remitted back to the respondent to pass a speaking order within 60 days. Read the full analysis here.

Section 143(2) Notice: A Prerequisite for Income Tax Assessment in Limited scrutiny case

June 19, 2023 1284 Views 0 comment Print

Explore the Madras High Court judgment in Angusamy Gounder Subbu Rathinamun vs. Assistant Commissioner. Insights on Section 143(2) notice in income tax assessments.

No Need for Second Notice Under Section 148 of Income Tax Act: Madras HC

June 18, 2023 1083 Views 0 comment Print

Madras High Court rules a second Section 148 notice under the Income Tax Act unnecessary if the first is already served, emphasizing compliance for reassessment challenges.

No Capital Gain on buyout of shares as per SC order

May 5, 2023 4917 Views 0 comment Print

Sheetala Credit & Holdings Private Limited Vs ITO (Madras High Court) High Court held that assessing authority has rightly concluded that there is no capital gains that arises from the transaction since the entire transaction was a buyout of shares by virtue of order of the Apex Court. The officer, in this regard refers to the […]

Section 148A(b) notice is not expected to be as detailed as assessment order: HC

May 5, 2023 12693 Views 0 comment Print

Section 148A(b) Notice is not expected to be as detailed as assessment order and it would suffice that re­assessment reasons broadly outlined

Assessment Order passed on wrong PAN – HC directs PCIT for regularization of PAN

May 5, 2023 1428 Views 0 comment Print

Petitioner is admittedly a non-filer and also accedes to the position that two PAN numbers were obtained, which has lead to present confusion.

Information relating to income tax returns & balance sheets of an individual, not a public documents

April 12, 2023 828 Views 0 comment Print

K.Chiranjeevi Vs Union of India (Madras High Court) The Central Information Commission (in short ‘CIC’) in the case of Shir Milap Choraria V. Central Board of Direct Taxes (Appeal No.CIC/AT/2008/00628 dated 15.06.2009), was concerned with the request for disclosure of income tax returns and financials of a third party, and at paragraph 12, the Bench […]

HC confirms addition for unexplained amount deposited in bank account

March 21, 2023 1413 Views 0 comment Print

Rakeshbeniyal Vs ITO (Madras High Court) By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 2. This writ petition has been filed challenging the impugned order dated 19.04.2022, passed by the first respondent under Section 148-A(d) of the Income Tax Act, 1961. 3 […]

HC quashes order considering violation of Natural Justice principal & huge demand

March 21, 2023 1392 Views 0 comment Print

As seen from the impugned Assessment Order, the show cause notice was issued by the respondents on 13.12.2022 and the impugned Assessment Order has been passed on 22.12.2022, within a short period even though a request was made by the petitioner by his communication dated 16.12.2022 seeking for ten days time to submit a reply to the show cause notice dated 13.12.2022.

HC directs CBDT to hear representation to condone delay in payment under IDS 2016

March 21, 2023 666 Views 0 comment Print

The petitioner has applied under the Income Declaration Scheme, 2016. Admittedly, he has not paid the entire dues as per the scheme, but he has paid a major portion of it, i.e., 94%.

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