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Ca Jatin Minocha

Latest Posts by Ca Jatin Minocha

Income Escapement Alone Insufficient to Reopen Assessment under Section 147 Without Assessee’s Disclosure Failure: Delhi HC

November 13, 2024 5184 Views 0 comment Print

Delhi HC ruled reassessment under Section 147 is not valid post-closure of Section 143 proceedings if income underassessment results from AO error, not assessee fault.

SC on liability of banker for allowing operation of locker restrained by Income Tax Department

November 4, 2024 9312 Views 0 comment Print

Supreme Court clears HDFC Bank officials of liability for allowing locker operation, quashes FIR due to lack of fraudulent intent and mens rea.

Section 254 Allows ITAT to Entertain New Claims, But Power Must Be Exercised During Hearings: SC

October 8, 2024 618 Views 0 comment Print

Supreme Court rules ITAT cannot direct AO to consider new claims barred by time, reaffirming ITAT’s plenary powers under Section 254 of the Income Tax Act.

Occasional Money Lending Doesn’t Qualify as Business Under West Bengal Money Lenders Act, 1940

October 8, 2024 267 Views 0 comment Print

Calcutta HC ruled that isolated private loans do not require a license under the West Bengal Money Lenders Act, 1940. Case decreed for repayment with interest.

Merely Writing I am Satisfied” Not Valid Approval for Section 148 Notice

October 8, 2024 885 Views 0 comment Print

Simply writing I am satisfied in the approval u/s 151 of Income-tax Act,1961 is sufficient to show that Sanctioning authority applied its mind while approving reassessment proceedings u /s 148 of Income-tax Act,1961

SC Ruling on Delay in Filing Writ Petitions & Necessity for Candid Disclosure of Facts

September 27, 2024 1062 Views 0 comment Print

Supreme Court examines writ jurisdiction under Article 226, emphasizing disclosure of facts and timely filing in HMT Ltd. vs Smt. Rukmini land acquisition case.

Bombay HC Quashes Section 148 Notices Issued by Jurisdictional AO

August 10, 2024 1737 Views 0 comment Print

Bombay HC rules that only Faceless Assessing Officers can issue Sec 148 notices, quashing those issued by Jurisdictional Assessing Officers.

Incorrect Pre-Deposit Can Be Rectified by Refiling Appeal with Correct Deposit: HC

August 2, 2024 441 Views 0 comment Print

Procedural lapses, such as incorrect pre-deposit payments, can be rectified by refiling the appeal with the correct deposit, ensuring that justice is served on merits rather than dismissed on technical grounds.

Service Tax on University Affiliation Fees & Rental Income: Karnataka HC Ruling

August 2, 2024 519 Views 0 comment Print

Karnataka HC rules on service tax liability for Rajiv Gandhi University. Affiliation fees exempt; rental income for banks/canteens taxable. Full judgment analysis here.

SC Ruling on Consumer Protection Act’s Applicability to Company Cars for Directors’ Personal Use

July 10, 2024 1005 Views 0 comment Print

Supreme Court’s verdict on whether a company’s purchase of a car for a director’s personal use falls under ‘commercial purpose’ as per the Consumer Protection Act.

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