Allahabad High Court

Interest U/s. 234A to 234C Not Payable If Assessment Order Silent

Commissioner of Income-Tax-II, Kanpur Vs. M/s Deep Awadh Hotels (P.) Ltd., Kanpur (Allahabad High Court)

Even if any provision of law is mandatory and provides for charging of tax or interest, the view taken in CIT vs. Ranchi Club Ltd 247 ITR 209 (SC) is that such charge by the assessing officer should be specific and clear and assessee must be made to know that the assessing officer has applied its mind and has ordered charging of interest...

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S. 50C Not Apply To Asset held as Stock-In-Trade

Commissioner Of Income Tax-II Vs M/S Kan Construction And Colonizers (P) Ltd. (Allahabad High Court)

The Commissioner of Income-tax (Appeals) and the Tribunal on analysis of the facts of the case have reached to the conclusion that section 50C has no application as it was a case of transfer of plots which was stock in trade. An income earned from such transaction is liable to be taxed as income from business activity....

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If Prima facie demand raised has no leg to stand, it should be stayed fully

L.G.Electronics India Pvt. Ltd. Vs. The Commissioner Of Income-Tax And Others (Allahabad High Court)

If on a cursory glance it appears that the demand raised has no leg to stand, it would be undesirable to require the assessee to pay full or substantive part of the demand. From the perusal of materials brought on record, we are of the view that the Commissioner having himself expressed opinion in the order that there is enough strength...

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Ex – ITAT Members can practise before the Benches of Tribunal where they were not posted – HC

Dinesh Chandra Agarwal Vs. UOI (Allahabad High Court)

Dinesh Chandra Agarwal Vs. UOI (Allahabad High Court)- Rule 13E of Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 as amended on June 3, 2009 imposes a complete ban on practice by the retired members before the Income Tax Appellate Tribunal. Granting a interim relief Honorable high Court has hel...

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Material found in the search may be a ground for notice and assessment under Section 153A of the Act but that would not efface or terminate all the consequence, which has arisen out of the regular assessment or reassessment

Commissioner of Income-tax (Central) Kanpur Vs. Smt. Shaila Agarwal (High Court of Allahabad)

CIT Vs. Smt. Shaila Agarwal (Allahabad High Court ) - he second proviso to Section 153A of the Act, refers to abatement of the pending assessment or re-assessment proceedings. The word 'pending' does not operate any such interpretation, that wherever the appeal against such assessment or reassessment is pending, the same alongwith assess...

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Case pending in a lower court cannot be forwarded to another court till the decision taken by the lower court

Ram Naresh Singh Vs. Lal Singh And Another (Allahabad High Court)

Ram Naresh Singh Vs. Lal Singh And Another (Allahabad High Court) - Assessment of giving precedence to cases on the facts and circumstances involved is better judged by the Court where the matter is pending so that there can be uniformity in disposal of cases by the Court below without giving precedence to a case which is not more urgent ...

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Search warrant in joint names makes block-assessment invalid

Commissioner Of Income Tax Vs Smt. Madhu Chawla (Allahabad High Court)

SC has dismissed the revenue appeal in which the Allahabad High Court had confirmed the ITAT stand of  quashing the assessment order on the ground that the assessment order in the name of individuals could not be made when the warrant of authorisation was issued in the joint names of Ashok Chawla, Smt. Madhu Chawla […]...

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After passing the order by the Settlement Commissioner, no power vests on the A.O. or any other authority – HC

CIT Vs Diksha Singh (Allahabad High Court)

1. I have been privileged to read the judgement prepared by brother Justice Dr. Satish Chandra. I agree with the final verdict in the present appeal but respectfully, I express my separate opinion. We have heard Shri D.D. Chopra, learned counsel for the appellants....

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Rent from Simple Letting of Property is Business Profits

The Scientific Instrument Co. Ltd. Vs CIT (Allahabad High Court)

The Scientific Instrument Co. Ltd. Vs CIT (Allahabad High Court)- All the assets of the business were not rented out by the appellant company. It was doing the main business of manufactures, imports, purchases and dealing in scientific apparatus, chemicals, chemical products, articles of glass, metal, wood, paper etc., more or less connec...

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Depreciation on cooling chambers of the cold storage is allowable at the rate of 25%

Shyam Enteprises Vs Commissioner of Income Tax (Allahabad High Court)

Shyam Enteprises Vs CIT (Allahabad High Court)-Amendment in S. 43 (3) w.e.f. 1.4.2004 does not make any change in the definition of the word 'plant', which remains an inclusive definition. It includes buildings or furniture and fittings, which are other than, and are not integrally connected with the plant. The building, which does not ha...

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