Yearly Archive: 2020

Section 245D(4) HIGH COURT OF PATNA order dated 6.10.2020. If the Settlement Commissioner had all records before him, Revenue had duly made its representation, and the Settlement Commission had thereinafter accepted the settlement only way of reading the impugned sentence is that the matter was straightforward on the face of the record. Since the revenue had duly made its representation, and the Settlement Commission had thereinafter accepted the settlement, therefore, it cannot be reopened. It is also not disputed that the Settlement Commission necessarily was required to pass orders else the proceedings would have abated. Revenue has not pointed any finger of misconduct against any one of the members of the Settlement Commission. CIT & ANR. vs. INCOME TAX SETTLEMENT COMMISSION (IT&WT) & ANR.

COMMISSIONER OF INCOME TAX & ANR. vs. INCOME TAX SETTLEMENT COMMISSION (IT&WT) & ANR. HIGH COURT OF PATNA SANJAY KAROL CJ & S. KUMAR ORAL, J. Civil Writ Jurisdiction Case No. 10663 of 2009 Oct 6, 2020 Section 245A AY 2000-01…
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245D(4), High Court of Patna, In Favour of Assessee, Settlement Commission

November 9, 2020

Grounds of Appeal and Statement of Facts. XYZ

Grounds of Appeal, remand Rule 46A, statement of Facts General That the assessment order is void-ab-initio, invalid and illegal. That the appellant craves leave to amend, delete, add, substitute, modify or alter any one or more of the grounds of…
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November 9, 2020

Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or reassess any other income chargeable to tax which has escaped assessment and which comes to his notice. ITAT, DELHI BENCH in the case of Sheela Foam Ltd. v. DCIT. IT-CASES-217-2020

Section 147 on 27 April, 2020 Unless the assessing officer assesses the income with reference to which he had formed a reason to believe within the meaning of section 147, it would not be open to him to assess or…
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142(1), 143(2), 147, 148, Delhi, Delhi Tribunal, In Favour of Assessee

November 5, 2020

Business or rental income : The Court took into consideration the Intention of the Assessee, the kind of services rendered including range of common facilities and amenities to the occupiers, also have revenue sharing agreement clearly point out that the Income is from Business. City Centre Mall Nashik Pvt. Ltd Bombay High Court decided on 13th January, 2020 and SLP dismissed by the Supreme Court

The Pr. Commissioner Of Income … vs City Centre Mall Nashik Pvt. Ltd on 13 January, 2020 Bench: Nitin Jamdar, Makarand Subhash Karnik IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1583…
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Bobmay High Court, Business or rental income, Question of reasoning in the decision

October 19, 2020

GST में ध्यान रखने योग्य बातें

GST में ध्यान रखने योग्य बातें 1. चाहे कोई भी टर्नओवर नहीं हो Nil काबी जीएसटी रिटर्न भरना आवश्यक है अन्यथा पेनल्टी लगेगी। 2. अगर जीएसटी नंबर सेंड कर दिया है तो भी gstr-10 भरना आवश्यक है। अन्यथा पेनल्टी लगेगी।…
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October 19, 2020

Calendar -Due Due dates as per income tax Act

Due Dates as per income tax act

Cases Income tax

October 17, 2020

speech in CA Institute Jaipur Chapter 20201015 Search & Seizure

speech search 20201015 (1)

October 14, 2020

Search and Seizure- No seizure of jewellery when it is stock of the assessee as the protection is provided in proviso appearing after sub clause – (iii) to sub Section (1) of Section 132 for stock. Further Satisfaction note clearly disclosed that formulation of “reason to believe” was post search and seizure. Action of search and seizure is bad in law. Saddle the Deptt. with costs at Rs.50,000/-. KHEM CHAND MUKIM Vs.Principal Director of Income Tax. Jan 9, 2020 IT-CASES-214-2020

KHEM CHAND MUKIM vs. PRINCIPAL DIRECTOR OF INCOME TAX & ORS. HIGH COURT OF DELHI VIPIN SANGHI & SANJEEV NARULA, JJ. W.P.(C) 5343/2019 Jan 9, 2020 (2020) 186 DTR 0145 (Del), (2020) 313 CTR 0014 (Del), (2020) 423 ITR 0129…
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131(1A), 132, 132(1)(c), 132(1)(iii), 132(1)(v), 132B, 2018-19, AY 2015-16, AY 2016-17, AY 2017-18

October 11, 2020

Section 132 When no incriminating material is shown by the Ld. AO therefore disallowance made only on ad-hoc basis is not permissible under the Income Tax Act. SHARUK PASSI & ANR. vs.DCIT ITAT Delhi order on Mar 19, 2020. IT-CASES-213-2020

Order in brief Section 143 assessment completed without giving any adverse finding on issue categorically inquired. Now merely creating a doubt of the same issue does not suffice the Assessing Officer to reopen the case u/s 148 of the Act…
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132, 143(3), 147, 148, addition on adhoc basis, Adhoc addition, AY 2005-06, AY 2012-13, Delhi, Delhi Tribunal, In Favour of Assessee, incriminating material

October 11, 2020

Section 132,148 Cancelled receipt of Rs. 11 lacs showing total transaction of Rs. 61 lacs signed by Sanjeev on behalf of Romy was found and Romy surrendered Rs. 11 Lacs only. AO has not confronted contents of said receipts from S. Addition made of Rs. 50 Lacs is deleted in the absence of any other corroborative material before AO. ROMI LAL NANDA vs.ITO. ITAT Delhi order date 28.9.2020. IT-CASES-212-2020

ROMI LAL NANDA vs. INCOME TAX OFFICER IN THE ITAT DELHI BENCH ‘G’ R.K. PANDA, AM & SUCHITRA KAMBLE, JM. ITA No. 792/Del/2016 Sep 28, 2020 Section 132,148 AY 2008-09 Decision in favour of: Assessee Section 132 Cancelled receipt of Rs….
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131(1), 132, 147, 148, 68, AY 2008-09, Delhi, Delhi Tribunal, Dumb, In Favour of Assessee, incriminating material

October 9, 2020