Commissioner cannot refuse to entertain a revision petition filed by the assessee under Section 264 of the Act if it is maintainable on the ground that a similar issue has arisen for consideration in another year and is pending adjudication in appeal or another forum.
Allahabad HC in case of Ashok Auto Sales Ltd v/s CIT held that Vector shipping is not correct preposition of law as held by Honb’le SC in case of M/s Palam Gas Service vs. CIT.
It is not open to the Appellate Commissioner to introduce in the Assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment.
U.P. Distillers Association Vs. CIT (Delhi High Court) In this case Assessee urged that, in any event, the cancellation could not have been from inception but only from the date Parliament amended Section 12AA, i.e. from 01.10.2004. HC held that that the cancellation of registration in this case could have related back only from the […]
Where in case of reassessment proceedings stay was granted by court and thereafter stay was vacated, the reassessment order was to be passed within 60 days from the date of vacation of stay, AO was not justified in saying that the period of 60 days should be counted from the date of receipt of order in office since it was not aware of the order.
Central Secretariat Club Vs. Geetam Singh (Delhi High Court) Non-payment of minimum wages, to a workman is, therefore, unconscionable and unpardonable in law. It strikes at the very root of our constitutional framework, and belies the aspirations set out in the preamble thereto. The preamble to the Constitution is the Constitution. It is the most […]
Erada Gopi Chand Vs. Union Of India & Anr. (Delhi High Court) The primary ground of challenge raised in this writ petition is to the effect that once having accorded a certification to a film under Section 5A of the Cinematograph Act, 1952, the Central Board of Film Certification, constituted by the Central Government under […]
While admitting an appeal by the Revenue against the ITAT Delhi’s order granting relief to Patanjali, the Delhi High Court recently ruled that propagation of yoga, Vedic philosophy, practice of yoga, education with respect to yoga are to be considered as medical relief for the purpose of granting exemption under the provisions of the Income Tax Act, 1961.
For adjudicating upon the plea of peak credit the factual foundation has to be laid by the assessee. He has to own all cash credit entries in the books of account and only thereafter can the question of peak credit be raised
That judgment referred to the order of the DRP which had held that both the Assessees were not eligible Assessee under Section 144C (15) of the Act and that order of the DRP was binding on the AO. It was further held by this Court that the AO could not have disregarded the finding directions of the DRP and passed the final assessment order.
