Admittedly, the assessee who was an individual in that case was not carrying on any business and the remuneration and interest received by the assessee from the partnership firm cannot be termed to be a turn over of the assessee (individual).
Hitech Corporation Ltd. (Formerly known as Hitech Plast Ltd.) Vs. ACIT (Bombay High Court) It is settled law that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration of the Assessing Officer while completing the assessment. It […]
Alapan Bandyopadhyay Vs Union Of India And Anr (Delhi High Court) Learned counsel for the Petitioner strenuously argued that under Rule 6(2) of the Central Administrative Tribunal (Procedure) Rules, 1987, it is the statutory right and option of the Petitioner, being a retired person, to file an O.A. before the Kolkata Bench, as he was […]
Taqa Neyveli Power Company Private Limited Vs Income Tax Appellate Tribunal (Madras High Court) As has been pointed out by the learned counsel for the petitioner assessee that, once an appeal has been filed against the very revisional order under Section 263 of the Act, where date has been fixed for hearing, at least till […]
CIT (International Taxation) Vs Gracemac Corporation (Delhi High Court) This Court is in agreement with the opinion of the Tribunal that Section 271(1)(c) penalty can only be levied in such cases where concealment of income has been proven. If the quantum order itself has been set aside in an appeal preferred by the respondent/assessee, there […]
Abhishek Banerjee Vs Directorate of Enforcement (Delhi High Court) With regard to the allegation of mala fide it would be apposite to note that the same is to be established to a specific assertion on the basis of proven facts and not on the basis of conjectures and surmises. The burden of establishing mala fide […]
J.K Infratech Vs Additional Commissioner (Allahabad High Court) In this case it transpires, the GST registration cancellation order dated 17.9.2019 was passed ex-parte pursuant to a notice claimed to be served through the common portal. The petitioner could not reply to the same as he claimed lack of knowledge. Thereby, ex-parte order was passed on […]
Pushpam Reality Vs State Tax Officer (Madras High Court) The learned counsel for the petitioners submits that these impugned assessments orders have been passed either without proper service of Show Cause Notices or without giving adequate opportunity to reply to the Show Cause Notices. It is therefore submitted that the impugned orders have been passed […]
Kulgaon Badlapur Nagar Parishad Vs Regional Provident Fund Commissioner II (Bombay High Court) HC held that There is a purpose behind prescribing a limitation period to prefer an Appeal, by way of a statutory provision under any enactment. It is a period which is rightfully allocated to the aggrieved party to prefer an Appeal or […]
Precious Trade Link Private Limited Vs Assistant Commissioner of State Tax under Bureau of Investigation (Calcutta High Court) In this writ petition, petitioners have challenged the impugned order dated 29th January, 2022 passed by the Deputy Commissioner of Revenue, State Tax, Bureau of Investigation, North Bengal, Alipurduar Zone/Respondent No.2 on the ground that the said […]
