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Reassessment after 4 year invalid if assessee disclosed all material facts during original assessment

August 13, 2021 1035 Views 0 comment Print

CIT Vs Mr. John Ettimootil Samuel (Madras High Court) 1. Sets aside reassessment framed u/s 147 after expiry of four years of assessment u/s 143(3), holding that the assessee had disclosed all material facts in the original assessment qua consideration and deemed consideration u/s 50C of the Act. 2. The Tribunal was fully justified in […]

Assessment Based On Change of Opinion Is Void Ab Initio

August 10, 2021 1359 Views 0 comment Print

SJM International Ltd. Vs DCIT (ITAT Delhi) The conclusion of the Assessing Officer at the end of the reasons recorded as noted above is contradictory. In the first two lines, the Assessing Officer has recorded the finding that the sum of Rs.2,35,00,000/- has escaped assessment but in the last two lines, he has recorded that […]

SOP for Faceless Services in Delhi Transport Department

August 10, 2021 3411 Views 0 comment Print

1. The Transport Department has taken up a major initiative to provide all public services of Transport Department in faceless manner, dispensing with the requirement of a physical visit to MLO offices.

SOP for Penalties under Faceless Penalty Scheme-2021

August 9, 2021 18411 Views 0 comment Print

I am directed to convey that the following Standard Operating Procedure (SOP) is prescribed with the approval of CBDT for completing the penalties under the FPS-2021:-

Lock-down Guideline applicable to Delhi w.e.f. 09.08.2021

August 8, 2021 3681 Views 0 comment Print

DDMA, GNCTD, hereby directs that in the territory of NCT of Delhi (outside Containment Zones), the prohibited/restricted activities shall be as specified in the Annexure-A enclosed with this order, w.e.f. 09.08.2021 to 23.08.2021 or till further orders, whichever is earlier.

Delhi HC ruling on adjustment of Income Tax refunds against demand

August 5, 2021 3765 Views 0 comment Print

Eko India Financial Services Private Limited Vs ACIT (Delhi High Court) Against an assessment of AY 2017-18 the petitioner assessee filed an appeal u/s 246A of the Income Tax Act, 1961. AO adjusted the entire refund of the assessee pertaining to AY 2019-20 against such demand, which was more than 20% of such demand. Hon’ble […]

Delhi ITAT allows late deposit of ESI, EPF employees contribution

August 2, 2021 3402 Views 0 comment Print

Yogi Ji Technoequip Pvt. Ltd. Vs DCIT (ITAT Delhi) Facts : Addition on account of employee’s contribution to ESI and EPF – CPC while processing the return of the assessee disallowed the claim of employee’s contribution towards ESI and EPF on account of delay in depositing the amount as per the respective statutes Held: Respectfully […]

Delhi HC ruling on validity of 19 notices under section 148(1)

August 2, 2021 4710 Views 0 comment Print

Ajay Mittal Vs ACIT (Delhi High Court) Hon’ble Delhi High Court on validity of 19 notices issued u/s 148(1) of the Income Tax Act, 1961 restraining the Revenue from continuing with the reassessment proceedings, in any manner, pursuant to the impugned notices. FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT 1. On 13th July, 2021, this […]

Faceless Assessment without adhering to Section 144B procedures is invalid

July 31, 2021 5982 Views 0 comment Print

Piramal Enterprises Limited Vs Additional/joint/Deputy/Assistant CIT/ITO National e-Assessment Centre (Bombay High Court) The HC declared that assessment for AY 2017-18 made u/s 143(3)  vide order dated 22.4.2021 was non est u/s 144B(9) of the Income Tax Act, 1961 for not adhering the procedure laid down u/s 144B(1) and u/s 144B(7/(vii) of the Act and holding […]

HC upheld addition for difference in Valuation of Closing Stock

July 19, 2021 3639 Views 0 comment Print

Goa Carbon Ltd Vs JCIT (Bombay High Court at Goa) In the present case, the Assessee, apart from submitting an unsigned chart, allegedly based on the books of account maintained by the Assessee, had failed to produce on record any material in support of the substantial variation between the cost price and the market price. […]

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