Uphill Farms Private Limited Vs Union of India (Allahabad High Court) HC explains principles, powers and limitations on exercise of powers under Section 147/148 by Income Tax Officers/ Authorities under the Income tax Act, 1961, as under:- (a) The assessing officer under Section 147 of the Act, 1961 has the power to re-assess any income which […]
Ravikumar Dhandhania Vs ITO (Madras High Court) The petitioner seeks waiver of Section 220(2A) interest under on account of the fact that the petitioner has paid the tax and the interest under Sections 234A, 234B & 234C of the Income Tax Act, 1961. Sub Section (2A) to of Section 220(2A) is an exception to Sub […]
djudication Order is non est in the eye of law, as the same has been passed without issuance of proper Show Cause Notice (SCN) and thus, amounts to violation of principles of natural justice.
Huawei Telecommunications (India) Company Pvt. Ltd. Vs DDIT (Delhi High Court) Mr. Datar states that the Respondents have been granted complete access to the Company’s Accounting Enterprise Planning (ERP) system. He states that ERP system is a primary source of transaction undertaken by the Petitioner and comprises of data pertaining to ledger accounts, expenditure, remittances, […]
Atma Ram Saria Vs ACIT (Delhi High Court) The Supreme Court in GKN Driveshafts (India) Ltd. vs. Income Tax Officer and Ors., (2003) 1 SCC 72 has held that when a notice under Section 148 of the Act is issued, the proper course of action for the noticee is to file a return and if […]
Sunita Shekhawat Vs Union of India (Rajasthan High Court) 1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Sunita Shekhawat Director M/s Siyaram Exports India Pvt. Ltd. The petitioner has been arrested in connection with case No. 56/2016 for the offence(s) under Sections 276CC Income Tax Act pending […]
While analyzing Section 28A(4) of the Customs Act, the Apex Court in the case of M/s. Canon India Pvt. Ltd., has held that the provision must be construed as conferring the power of such review on the same officer or his successor who has been assigned the function of assessment. An officer who did the assessment could only undertake reassessment and after extensive analysis, the Court held that the entire proceeding initiated by the Additional Director, General of DRI by issuing show cause notices in all the matters are invalid, without any authority of law and liable to be set aside and accordingly, ensuing demands also have been set aside.
Gujarat HC decision on Surat MC’s claim on property tax arrears after liquidation. Section 141 of GPMC Act examined. Legal analysis and implications here.
Suppression of material facts, intentional suggestion of falsehood and non-application of mind goes to show that, this is a malicious prosecution initiated by the Income Tax authorities by abusing the power. When the malafide is patently manifested, the petitioners need not be forced to undergo the ordeal of trial, which has no legs to stand.
Bharat Heavy Electricals Ltd. Vs PCIT (Delhi High Court) High Court is of the view that it is highly unlikely that the petitioner i.e. Bharat Heavy Electricals Ltd. (BHEL) would be engaged in input tax credit fraud as alleged by the Respondents. Accordingly, till further orders, no action shall be taken in pursuance to the impugned […]
