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Sankalp Malik

Latest Posts by Sankalp Malik

Mechanical Approval U/S 153D Vitiates Assessment: ITAT Mumbai

September 21, 2023 876 Views 0 comment Print

ITAT Mumbai’s landmark decision: Mechanical approval under Section 153D of the IT Act vitiates assessments, making them liable to be quashed.

Company Is a Separate Legal Entity despite Majority Shareholding / Directorship by Assessee

May 23, 2023 948 Views 0 comment Print

Krishna Das Agarwal Vs DDIT/ADIT (Inv.) (ITAT Jaipur) Black Money Act – Company Is a Separate Legal Entity and The Assessee Cannot Be Held to Be Beneficial Owner Ipso-Facto Due to Majority Shareholding / Directorship.- FULL TEXT OF THE ORDER OF ITAT JAIPUR These bunch of five appeals consist of one appeal filed by the […]

Mere non-construction of property cannot be a ground to deny benefit u/s 54F

May 23, 2023 3477 Views 0 comment Print

ITAT Delhi – Mere non-construction of property cannot be a ground to deny benefit u/s 54F. The beneficial nature and the object of the provision is ought to be considered by the Income Tax Authorities

Reassessment on the basis of change of opinion, bad-in-law

May 31, 2021 2241 Views 0 comment Print

Uttarakhand Purv Sainik Kalyan Nigam Ltd. Vs ITO (ITAT Dehradun) Reassessment on the basis of change of opinion, bad-in-law, more-so, when the case was re-opened after the expiry of four year and there was no non-disclosure which could be attributable to the assessee A) Re-opening of assessment on the same issue which was dealt during […]

Enhancement by CIT(A) on an issue which were not part of reasons recorded for reopening the assessment are invalid

November 27, 2020 1455 Views 0 comment Print

Harendra Singh Vs ITO (ITAT Delhi) CIT(A) while deleting the sole foundational issue on which the re-assessment proceedings were initiated, cannot go further and examine an issue which was not even the subject matter of re-assessment proceedings Since the reopening was to verify the purchase transaction and since the said transaction never took place and, […]

Section 43B(f) deduction allowable only on actual payments : SC

April 30, 2020 11688 Views 0 comment Print

Hon;ble SC has recently in Union of India vs. Exide Industries Ltd. upheld the constitutionality of section 43B(f) and has propounded that the deduction would be allowable only on actual payments.

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