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It is impermissible in a review petition for an assessee to re-argue and re-agitate the issues/questions which have been already considered and decided by the High Court

July 29, 2011 720 Views 0 comment Print

Ravina Khurana Vs CIT (Delhi High Court)- The applicant wants to re-argue and re-agitate the issues/ questions which have been considered and decided by this Court in the decision dated 20th April, 2011. This is not permissible. The review application has no merit and it is accordingly dismissed.

Failure to issue a notice under s 143(2) does not render reassessment unsustainable when the assessment is in response to a notice under s 148

July 28, 2011 940 Views 0 comment Print

The Commissioner of Income Tax Vs Madhya Bharat Energy Corpn Ltd. (Delhi High Court)- It is noted that the impugned assessment is in response to notice under Section 148 of the Act and the Act does not specifically provide that the assessment made under Section 147 of the Act will be after issue of the notice under Section 143(2) of the Act. In fact, AO has the basic jurisdiction to assess the income in terms of Section 147 and Section 148 of the Act where he has reason to believe that the income has escaped assessment.

Notice u/s. 148 of the Income Tax Act,1961 Invalid If Delivered Late To Post Office

July 28, 2011 26125 Views 3 comments Print

Kanubhai M. Patel HUF Vs Hiren Bhatt (Gujarat High Court)- In the present case, the impugned notices have been signed on 31.03.2010, whereas the same were sent to the speed post centre for booking only on 07.04.2010.

CIT, Bangalore Vs M/s Maxim India Integrated (Karnataka High Court) (Dated – July 26, 2011)

July 26, 2011 384 Views 0 comment Print

CIT, Bangalore Vs M/s Maxim India Integrated (Karnataka High Court)- When assessee has been availing benefits u/s 80HHE, and applies to the STPI Director for the change in status, it cannot be denied benefits of Sec 10A on the ground that it had sought permission for a new unit and not the conversion of the existing one.

Jurisdictional CIT should not be part of DRP to avoid Bias- Uttarakhand High Court

July 21, 2011 5226 Views 0 comment Print

Hyundai Heavy Industries Ltd VS Union of India (Uttarakhand High Court)- The petitioner consequently orally objected to the constitution of the collegium and submitted that there was a conflict of interest if the DIT-II continues to sit in the collegium since he was involved in the reassessment proceedings.

An assessee cannot be said to be a defaulter in payment of advance tax if he had no liability to pay any advance tax under s 208 on any of the due dates for payment of the advance tax

July 20, 2011 1646 Views 0 comment Print

Emami Ltd. Vs CIT (High Court of Calcutta)- Where on the last date of the Financial Year preceding the relevant Assessment Year, the assessee had no liability to pay advance tax, he would be nevertheless asked to pay interest in terms of Section 234B and Section 234C of the Act for default in making payment of tax in advance which was physically impossible.

Where assessee paid tax by way of TDS in respect of interest paid to a bank which never accrued to said bank, such tax paid was to be refunded to assessee

July 20, 2011 3322 Views 0 comment Print

Present writ petition has been filed by the petitioner-assessee under Articles 226 and 227 of the Constitution of India praying for the following reliefs.

If a deduction under s 80-IA has been taken, a deduction under s 80HHC is not admissible

July 20, 2011 624 Views 0 comment Print

ITA No.174 of 2011 has been preferred by the assessee under section 260A of the Income Tax Act, 1961 against the order of ITAT Delhi “C” Bench in ITA No. 2656/Delhi/2008 dated 10.7.2009 for the assessment year 2002-03 raising following substantial questions of law

Penalty cannot be imposed merely for non allowance of deduction

July 19, 2011 2065 Views 0 comment Print

In this appeal preferred under section 260A of the Income-tax Act, 1961 (for brevity ‘the Act’) assailing the order dated 13-2-2009 passed by the Income-tax Appellate Tribunal, Delhi Bench “B”, New Delhi (for short ‘the tribunal’) in ITA No. 2299/Del/2007 pertaining to the assessment year 2001-02 the revenue has raised the following substantial question of law.

Despite Tax Avoidance, 100 Per cent Depreciation on Sale and Lease Back Allowable – Delhi High Court

July 19, 2011 2258 Views 0 comment Print

CIT vs. Cosmo Films Ltd (Delhi High Court) – High Court observed that if the sale and lease back agreement between the assessee and the OSEB indicate that the assessee had purchased the plant and machinery from OSEB for a price and had leased out the same to OSEB on lease rent, the revenue department cannot discard the said sale and lease back agreement on the ground that the underlying motive of the assessee to enter into the said transaction was to reduce its income-tax liability.

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