Meenu Chaufla Vs ITO (Delhi High Court) Court is of the view that the petitioner/assessee has the right to get adequate time in accordance with the Act to submit its reply. It is pertinent to mention that Section 148A(b) permits the Assessing Officer to suo moto provide up to thirty days’ period to an assessee […]
Appellant claimed that order passed under section 148A(d) of the Act and notice dated 31st March, 2022 issued under section 148 of the Act have been passed/issued in gross violation of the principles of natural justice.
Conduct cannot impliedly waive the rights under Section 12(5) of the A&C Act. The waiver under Section 12(5) of the A&C Act has to be by an express agreement in writing.
Rajesh Kumar Malhotra Vs ACIT (Delhi High Court) This Court is of the view that the Petitioner has not been provided an adequate opportunity to put forward its defense/reply as the annexure accompanying the notice enumerating the reasons for initiating reassessment pertained to the Assessment Year 2015-16 and not 2018-19. It is pertinent to mention […]
HC held that despite lapse of four years and a scrutiny assessment, there is fresh tangible material in the present case in the form of information of beneficiaries of bogus LTCL/STCL report prepared by the office of Deputy Director of Income Tax (Investigation) which reveals that Mahanivesh (India) Ltd. is a penny stock whose share price was manipulated in trade by way of a complex web of pre-arranged or artificial transactions to book long term/short term capital gain/loss to the beneficiaries.
Drillmec S.P. A Vs Oil India Ltd. (Guwahati High Court) HC observed that provisions contained in Article 20 of the Constitution of India and Section 6 of the General Clauses Act, 1897 cannot be readily read into and applied to as the terms and conditions of a non-statutory contract. FULL TEXT OF THE JUDGMENT/ORDER OF […]
Central Goods and Service Tax Vs Pawan Kumar Sharma (Patiala House Court) By way of the instant order, I propose to dispose of the application moved on behalf of applicant/accused Pawan Kumar Sharma for grant of bail. It is submitted that on 12.05.2022, the house of applicant/accused situated at Chandni Chowk, Delhi was searched by […]
S. R. Ashok Associates Private Limited Vs ACIT (Delhi High Court) Present writ petition has been filed challenging the notice issued under Section 148 of the Income Tax Act, 1961 (for short ‘Act’) as well as the order passed under Section 148A(d) of the Act dated 31st March, 2022 for the Assessment Year 2018-19. Learned […]
Aten Capital Private Limited Vs ACIT (Delhi High Court) Since the impugned order under Section 148A(d) has been passed on 5th April, 2022 i.e. after receipt of the detailed reply of the petitioner dated 4th April, 2022, the Assessing Officer should have considered the same as it was available on record. By not considering the […]
HC held that Tribunal cannot differ from earlier order of Tribunal in assessee’s own case and follow the order of Tribunal in another assessee.
