Where AO did not record any satisfaction with regard to genuineness of the claim of the assessee before invoking the powers under section 14A read with rule 8D, disallowance was invalid because recording of satisfaction by AO is sine qua non for invocation of power under section 14A read with rule 8D
Since the authorities had detained the goods without affecting seizure and they had exceeded the time limit for detention of the goods even if it was construed to be a case of seizure therefore, authorities were directed to forthwith release the imported goods of assessee covered by the bill of entry on completion of the necessary legal formalities.
Tvl. Bmw India Private Limited Vs Deputy Commissioner (CT) (Madras High Court) High Court held that the faulty decision-making process adopted while passing the impugned order cannot be sustained. Learned Government Advocate appearing for the Respondents, on instructions, states that the enquiry for personal hearing would be held on 21.12.2020 and the Petitioner may appear […]
Mahadev Enclave Pvt Ltd Vs. Union Of India And Ors (High Court of Punjab & Haryana) Punjab & Haryana HC issued notice of motion on plea challenging validity of levy of tax on the payment of royalty made to the Govt. of Punjab for mineral rights under reverse charge mechanism The petitioner, M/s Mahadev Enclave […]
The fact that a certain payment constitutes income or capital receipt in the hands of the recipient is not material in determining whether the payment is revenue or capital disbursement qua the payer. It has further been held that whether a transaction is capital expenditure would have to be determined having regard to the nature of the transaction and other relevant factors.
CIT Vs United India Insurance Company (Madras High Court) Since the provision has been made applicable to the Insurance companies as well with effect from 01.04.2003, the Tribunal has to decide the issue on merits for the assessment year 2013-2014 and decide as to whether the assessing officer was right in computing dis-allowance reserved for […]
Raju Laxman Pachhapure Vs Union of India (Bombay High Court) In this case Appellant submits that although there is a statutory remedy of appeal available against the order and though the petitioners are desirous of filing the same but because a pre-deposit would be necessary for filing an appeal which would be burdensome on the […]
Tvl.G. Sankar Timber Depot Vs The State Tax Officer (Madras High Court) Admittedly, the show cause notices were issued on 03.08.2020 and the impugned assessment orders have been issued on 31.10.2020, within a short period of three months. When the petitioner has been seeking for sufficient time for sending a detailed reply and that too when […]
Designated Committee was directed to consider afresh the declaration of assessee under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 as a valid declaration and grant the consequential relief after giving due opportunity of hearing to assessee.
Shri Babuji Jacob Vs ITO (Madras High Court) Admittedly, all the amounts were received by the assessee through banking channels and he had mentioned about the same in his return of income. The only mistake done by the assessee was to treat both the lands as agricultural lands. Once the notice under Section 143(3) of […]
