section 260A

Scope of appeals from ITAT orders u/s. 260A of Income-tax Act, 1961 and S. 15 of N.T.T. Act, 2005

Income Tax - A remedy by way of appeal from the orders of ITAT is provided both u/s.260A of the Income-tax Act, 1961 and u/s.15 (w.e.f. 6-1- 2006) of the N.T.T. Act, 2005. Although appeals from the orders of ITAT are supposed to be filed only in the National Tax Tribunal from 6-1-2006, yet appeals are being filed in the High Court for good reasons. He...

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Appeals filed u/s 260A should not be casual and callous

DIT Vs M/s Credit Agricole Indosuez (Bombay High Court) - Filing of appeal under Section 260A of the Act is a serious issue. The parties who seek to file such appeals must do so after due application of mind and not raise frivolous / concluded issues. This is certainly expected of the State....

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High Court has no Power to entertain grounds not raised before tribunal

C & C Construction Pvt. Ltd. Vs Commissioner of Income Tax (Delhi High Court) - C& C Construction Pvt Ltd vs. CIT (Delhi High Court)- Clause (a) of sub-Section (6) to Section 260A of the Act states that the High Court may decide an issue, which is not determined by the Appellate Tribunal. The word determined means that the issue is not dealt with, though it was raised before th...

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If substantial question of law arises for consideration, appeal under section 260A is maintainable

CIT Vs Ashok Kumar Arora (Delhi High Court) - CIT v Ashok Kumar Arora (Delhi High Court) Whether the ITAT has erred in deleting the additions which were made by the AO based upon documents/evidence detected during the course of operations u/s 132 of the Act and which was confronted to the assessee by way of recording of statement under the pro...

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Appeal–Only when substantial question of law involved–When finding of fact would give rise to question of law

Vijay Kumar Talwar Vs Commissioner Of Income Tax (Supreme Court of India) - The conclusion of the Tribunal to the effect that the assessee has failed to prove the source of the cash credits cannot be said to be perverse, giving rise to a substantial question of law. The Tribunal being a final fact finding authority, in the absence of demonstrated perversity in its finding, ...

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Finding of fact does not call for interference in an appeal under section 260A – HC Bombay

CIT Vs. Gopal Purohit (Bombay High Court) - ) Whether, on the facts and circumstances of the case and in law, the Hon'ble ITAT was justified in treating the income from sale of 7,59,003 shares for Rs. 5,00,12,879/­ as an income from short term capital gain and sale of 3,88,797 shares for rs . 6,65,02,340/­ as long term capital gain as again...

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Allocation of quantities of cotton yarn for export in terms of Policy Circular No.17 dated 10th February 2011

Trade Notice No. 07/2011 - (10/03/2011) - All conditions in policy circular no 15 of 1st February 2011 will continue to apply, except the specification about dates and the calendar given in Annexure 2 thereof since the allocation is being made today (10th March 2011 and not on 10th February 2011). Special attention be paid to para 3(iv) & (...

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Recent Posts in "section 260A"

Appeals filed u/s 260A should not be casual and callous

DIT Vs M/s Credit Agricole Indosuez (Bombay High Court)

Filing of appeal under Section 260A of the Act is a serious issue. The parties who seek to file such appeals must do so after due application of mind and not raise frivolous / concluded issues. This is certainly expected of the State....

Read More

High Court has no Power to entertain grounds not raised before tribunal

C & C Construction Pvt. Ltd. Vs Commissioner of Income Tax (Delhi High Court)

C& C Construction Pvt Ltd vs. CIT (Delhi High Court)- Clause (a) of sub-Section (6) to Section 260A of the Act states that the High Court may decide an issue, which is not determined by the Appellate Tribunal. The word determined means that the issue is not dealt with, though it was raised before the Tribunal. The word determined presuppo...

Read More

If substantial question of law arises for consideration, appeal under section 260A is maintainable

CIT Vs Ashok Kumar Arora (Delhi High Court)

CIT v Ashok Kumar Arora (Delhi High Court) Whether the ITAT has erred in deleting the additions which were made by the AO based upon documents/evidence detected during the course of operations u/s 132 of the Act and which was confronted to the assessee by way of recording of statement under the provision of 132(4) of the Act and on the b...

Read More

Allocation of quantities of cotton yarn for export in terms of Policy Circular No.17 dated 10th February 2011

Trade Notice No. 07/2011 (10/03/2011)

All conditions in policy circular no 15 of 1st February 2011 will continue to apply, except the specification about dates and the calendar given in Annexure 2 thereof since the allocation is being made today (10th March 2011 and not on 10th February 2011). Special attention be paid to para 3(iv) & (v)....

Read More

Appeal–Only when substantial question of law involved–When finding of fact would give rise to question of law

Vijay Kumar Talwar Vs Commissioner Of Income Tax (Supreme Court of India)

The conclusion of the Tribunal to the effect that the assessee has failed to prove the source of the cash credits cannot be said to be perverse, giving rise to a substantial question of law. The Tribunal being a final fact finding authority, in the absence of demonstrated perversity in its finding, interference therewith by this Court is ...

Read More

Finding of fact does not call for interference in an appeal under section 260A – HC Bombay

CIT Vs. Gopal Purohit (Bombay High Court)

) Whether, on the facts and circumstances of the case and in law, the Hon'ble ITAT was justified in treating the income from sale of 7,59,003 shares for Rs. 5,00,12,879/­ as an income from short term capital gain and sale of 3,88,797 shares for rs . 6,65,02,340/­ as long term capital gain as against the ...

Read More

Scope of appeals from ITAT orders u/s. 260A of Income-tax Act, 1961 and S. 15 of N.T.T. Act, 2005

A remedy by way of appeal from the orders of ITAT is provided both u/s.260A of the Income-tax Act, 1961 and u/s.15 (w.e.f. 6-1- 2006) of the N.T.T. Act, 2005. Although appeals from the orders of ITAT are supposed to be filed only in the National Tax Tribunal from 6-1-2006, yet appeals are being filed in the High Court for good reasons. He...

Read More
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