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ITAT cannot enhance assessment in appeal under IT Act, 1961

September 26, 2018 4122 Views 0 comment Print

Sanmar Speciality Chemicals Ltd. Vs ITO (Madras High Court) Tribunal has no power under the Income Tax Act to enhance the assessment in an appeal. Equally, it cannot be done on an order of remand being passed by the Tribunal to the Assessing Officer. Therefore, we opine that it is sufficient to clarify the legal position as held by the Honble Supreme Court […]

Reassessment for non-disclosure of bank a/c which was disclosed during Original Assessment is Invalid

September 26, 2018 732 Views 0 comment Print

Akshar Developers Vs ACIT (Bombay High Court) It is alleged in the reasons that the petitioner had failed to disclose the aforesaid bank account during the assessment proceedings. The petitioner had filed its objections by letter dated 23rd May, 2017 to the reasons inter-alia pointing out that during the course of assessment proceeding, the petitioner […]

HC explains ‘application of income’ vs. ‘diversion of income by overriding title’

September 25, 2018 11301 Views 0 comment Print

PCIT Vs M/s. Chamundi Winery and Distillery (Karnataka High Court)  It is clear that the Courts and the Tax Authorities can look into the real purpose of the commercial arrangements and transactions to reach the truth and the transactions having the sole purpose of tax avoidance may be held to be having no effect on […]

Presumption of Service of Notice not applies if Dept had correct address

September 25, 2018 2679 Views 0 comment Print

Swapnil Kumar Vs C.S.C. (Allahabad High Court) It is important to mention here that CIT(A), after considering the report submitted by the A.O. in response to the directions under Section 250(4) of the Act, had held that the assessee was not residing at 109, North Idgah Colony, Agra and he had left the address two […]

PILCOM can be treated as Agent of Non-Resident Cricket Boards & Players

September 25, 2018 1023 Views 0 comment Print

Director of Income Tax Vs Board of Control for Cricket in Sri Lanka & Ors. (Calcutta High Court) In 1996, the Cricket World Cup tournament was held in the sub-continent. Sri Lanka won it, for the only time, in history. The International Cricket Council (ICC) has its head quarters in London. It is the organisation […]

Tax Audit Due Date Extension: P&H HC dismisses Appeal

September 25, 2018 4173 Views 0 comment Print

Vishal Garg and others vs Union of India and others (Punjab and Haryana High Court) In respect of Write filed by Mr. Vishal Garg by which he has requested the HC to direct CBDT to extend last date of filing of returns i.e 30th September, 2018 for the assessment year 2018-19 of assessees whose accounts […]

Delhi VAT: Interest allowable on Pre-Deposit Refund paid for filing Appeal

September 24, 2018 2868 Views 0 comment Print

MRF Ltd. Vs Commissioner of Trade and Taxes (Delhi High Court) Pre-deposit sums which the assessee is compelled to pay to seek recourse to an appellate remedy, do not necessarily bear the stamp or character of tax, especially when it succeeds on the particular plea. That being the case, the insistence upon a procedural step, i.e. filing of a form […]

HC imposes cost on AO for passing whimsical order suffering from malice-in-facts & law

September 24, 2018 1725 Views 0 comment Print

M/s. Kalyani Motors Pvt Ltd Vs Deputy Commissioner of Commercial Taxes (Karnataka High Court) After hearing the learned counsels, this Court is surprised and is pained by the manner in which the authority has passed the impugned reassessment order in the second round of assessement for the period 04.0211 to March 2012 just ignoring the […]

Tax payable on Capital Gain if Possession handed over despite subsequent agreement cancellation

September 24, 2018 4119 Views 0 comment Print

CIT Vs Harbour View (Kerala High Court) We find that the Tribunal went wrong in holding that the possession was not handed over in pursuance of the agreement for sale as contemplated under section 53A of the TP Act. Once the sale agreement comes under the provisions of section 53A of the TP Act, handing […]

Share capital cannot regard undisclosed income company

September 24, 2018 927 Views 0 comment Print

V. R. Global Energy Pvt. Ltd Vs ITO (Madras High Court) Counsel argued, and rightly, that when there was no cash involved in the transaction of allotment of shares, provisions of Section 68 of the said Act treating it as unexplained cash credit are not attracted.  Learned counsel for the appellant assessee emphatically argued that inasmuch as the source […]

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