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Case Law Details

Case Name : Smt. Uppada Sarvani Vs ITO (Hyderabad High Court)
Appeal Number : Writ Petition No. 17822 of 2016
Date of Judgement/Order : 06/04/2017
Related Assessment Year :
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Some times truth is stranger than fiction and the case on hand falls under that category. The petitioner in both these writ petitions has come up with a challenge to an order passed under Section 143(3) read with Section 147 of the Income Tax Act, 1961 in the first writ petition and against the penalty proceedings under Section 271 (1) (c) in the second writ petition.

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8 Comments

  1. Gangaram says:

    Sir, where the title of the deed is under dispute in a court of law ,as stated in the aforesaid writ petition,even then the court has declared the case Stand closed . Under Income tax law ,A.O. is free to move for action on sale of property for capital gain tax. Whether the assessee has gone in court for cancillation of title deed. A. O. Can not stop the proceeding under Incometax.Act. Kindly make it more clear on disputed title deed ?

  2. Sarveshwar Mundra says:

    Shri Kanoi Sir,
    In the aforesaid judgement, no question about flow of money consideration raised by either parties. I think it should also be considered while delivering judgement. It may be possible it is a writ petition and hence not considered. Kindly give your expert opinion.

  3. hemant sharma says:

    What about the goods which are in transit in the case of import and recd at port after 1.7.17
    …whether GST will be applicable or will be assessed under old law…?

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