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Grounds on which transfer of Income Tax assessment records/jurisdiction can be challenged

January 7, 2023 3000 Views 0 comment Print

Kamal Nath Vs PCIT (Calcutta High Court) What are the grounds on which transfer of assessment records/jurisdiction can be challenged u/s 127 of the Income-tax Act, 1961? In this high profile case relating to ex-chief minister of Madhya Pradesh, when Dr A M Singhvi along with Mr JP Khaitan represented the petitioner before Hon’ble Justice […]

SVLDR Scheme: No law would compel a person to do impossible – SC

January 6, 2023 2316 Views 0 comment Print

Shekhar Resorts Limited Vs Union of India (Supreme High Court) An interesting question arose before Hon’ble Supreme Court of India when the appellant had filed an application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 within the due date as prescribed and the application was accepted and necessary forms were issued for payment of […]

Calcutta HC set-aside demand order passed without disposing stay petition

January 5, 2023 1626 Views 0 comment Print

Rifle Factory Co-operative Society Ltd Vs ACIT (Calcutta High Court) Whether demand in pursuance of order of assessment can be pursued without disposing off the petition for stay of demand. The Single Bench of Calcutta High Court in this case was dealing with a situation where without disposing off the petition for stay of demand, […]

ITATs can allow ground which was not taken before CIT(A) & Assessing Officer

January 5, 2023 2763 Views 0 comment Print

Whether ITAT has the power to entertain additional ground without recording reasons and without following Rule 46A of the Income-tax rules, 1962 and whether jurisdictional issue relating to non issuance of notice u/s 143(2) can be raised at any time?

Gujarat HC set-aside Assessment order passed in violation of principles of natural justice

December 31, 2022 2136 Views 0 comment Print

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) No draft assessment along with show cause notice as required under section 144B(1) and section 144B(7) is given to the petitioner so as to enable the petitioner to give explanation for proposed addition during the hearing before the National Faceless Assessment Centre. Section 144B(1)(xii) […]

Addition for Non reconciliation of purchases with GSTR-1 – HC set-aside order 

December 21, 2022 1755 Views 0 comment Print

Whether on account of non reconciliation of purchases reflected by the party in GSTR 1 without supplying necessary details, the assessment order passed u/s 143(3)/144B is sustainable in law?

SC direction to honour insurance contract which met prescribed conditions

December 17, 2022 1695 Views 0 comment Print

Whether an insurance company even after receiving the insurance premium, can refuse to honour its contract when the insured person dies immediately after taking the home loan.

Oxygen Gas not a Raw Material for Manufacture of Steel- SC

December 6, 2022 1323 Views 0 comment Print

State of Jharkhand Vs Linde India Limited (Supreme Court of India) Whether oxygen which is used in the production of steel can be said to be a raw material and thus eligible for concessional rate of tax @ 1% instead of normal rate of 3% under the Bihar Finance Act. An interesting issue arose in […]

Parameters on cessation of liability to be taxed u/s 41(1) of Income Tax Act

November 26, 2022 6495 Views 0 comment Print

What are the parameters to consider the cessation of liability to be taxed u/s 41(1) of Income-tax Act,1961 and relation with limitation Act 1963?

Credit in Partners Capital account on revaluation of fixed asset taxable: SC

November 24, 2022 9624 Views 0 comment Print

CIT Vs Mansukh Dyeing and Printing Mills (Supreme Court) Whether amount credited on account of revaluation of fixed assets and credited to the partners’ account is liable to be taxed u/s 45(4) of the Income-tax Act,1961? The department has made a major win today in the above case when the Supreme Court held that upon […]

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