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Court or tribunal

B.P.Mundra > Income Tax > Cases Income tax > Court or tribunal

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  • Section 144 r.w. Section 145(3): ITAT JAIPUR on Jun 19, 2020 held that Even if the books f ‎accounts rejected by invoking provisions of Section 145(3) due doubt on genuineness of the ‎purchases, the A.O. is bound to frame the assessment on best assessment as per provisions of ‎Section 144 r.w. Section 145(3). Therefore, after rejection of books of account, the A.O. is ‎required to estimate the income of the assessee on some reasonable and proper basis. Once the ‎past year results have attained finality and not in dispute, the same can form the basis for ‎estimating the GP rate for the current year. KEDIA EXPORTS PVT. LTD. & ANR. vs. ‎ACIT. AY 2009-10, 2012-13, 2013-14 & 2014-15 Decision in favour of Assessee

  • Section 127, 132(4) HIGH COURT OF BOMBAY on Jul 15, 2019 held that when the ‎assessment of an Assessee is being transferred from one Commissionerate to another, the ‎requirement of hearing and following the principle of natural justice is inbuilt in the ‎statutory provisions contained in Section 127 of the Act. Therefore the giving of notice to ‎the assessee containing the reasons and the statements or even the gist of the statements ‎to the extent relevant for the proposed action is a basic postulate. The views of the ‎noticee are to be considered by the authority before taking any decision to confirm or ‎drop the notice. A show cause notice to be effective must be adequate so as to enable a ‎party to effectively object/respond to the same. The authority concerned is obliged to ‎consider the objections, if any, and thereafter, reach a finding one way or the other. The ‎impugned order is quashed. NARESH MANAKCHAND JAIN vs PCIT. IN favour of the ‎assessee.‎

  • Section 43(1), 143(3), 263 ITAT KOLKATA on May 29, 2020 hold that the industrial promotion assistance it received was on capital account.

  • Section 145 HIGH COURT OF KARNATAKA on May 5, 2020 held that There cannot be ‎any dispute to the fact that every assessee being entitled to arrange its affairs and follow the ‎method of accounting, which the Department has earlier accepted. Further if assessee is in the ‎business of taking land, putting up commercial building thereon, letting out such building ‎with all furniture as his profession or his business then notwithstanding the fact that he has ‎constructed building and he has also provided other facilities and even if there are two ‎separate rental deeds, it does not fall within the income from house property. CIT vs. ‎PRESTIGE ESTATE PROJECTS PVT. LTD. AY 2005-06‎

  • If the Notice u/s 143(2) issued by Income tax Officer was having no Jurisdiction at the ‎time of issue of the notice then this is not a valid notice as it suffers from an inherent ‎lacuna affecting his / its jurisdiction. It is not a curable defect u/s 292BB. The consequent ‎order passed u/s 143(3) dated 29.12.2017 was legally unsustainable and therefore is null ‎in the eyes of law and therefore quashed. ITO vs Mr.P N Krishnamurthy ITAT ‎Bangalore on 27 April, 2020‎.

  • Section 54 BANGALORE ITAT Decision on 8.5.2020: The deduction u/s 54 of the Act ‎should not be denied merely because the name of assessee’s husband is mentioned in the ‎purchase document, when the entire purchase consideration has flown from the assessee. ‎Smt. Subbalakshmi Kurada Vs ACIT AY 2016-17‎

  • Section 69A, 69B, 148, 254 CHANDULAL AMRUTLAL SHAH (HUF) & ORS. vs. ITO ‎May 4, 2020 ITAT SURAT AY 2000-01 & 2004-05. Supreme Court in the case of MCorp ‎Global (P) Ltd. v. CIT [2009] 309 ITR 434 (SC) held that It is well-settled that the Tribunal ‎is not authorized to take back the benefit granted to the assessee by the Assessing Officer. It ‎has no power to enhance the assessment. In view of the statutory provisions. AO cannot ‎enhanced the income originally assessed under section 143 (3) in set-aside proceeding in ‎consequence of direction of the tribunal.‎

  • Section 147, 148 ANAND DEVELOPERS vs. ACIT HIGH COURT OF BOMBAY GOA ‎BENCH ‎1 Feb, 2020 Notice u/s 147 and order u/s 148 is quashed and set aside when ‎a notice seeking to reopen assessment is beyond normal period of 4 years, in a case where ‎the assessment has been made under Section 143(3) and the revenue failed to establish ‎the precondition even prima facie that there was failure on the part of the assessee to ‎disclose fully and truly all material facts necessary for the assessment for that assessment ‎year.‎

  • Section 68- AY 2011-12- ITAT SURAT- May 4, 2020‎ When the assessee furnishes names and addresses of the alleged creditors and the GIR ‎Numbers, the burden shifts to the Department to establish the revenue’s case and in ‎order to sustain the addition the revenue has to pursue the enquiry and to establish the ‎lack of creditworthiness and mere non-compliance of summons issued by the Assessing ‎Officer under section 131 by the alleged creditors will not be sufficient to draw an ‎adverse inference against the assessee.‎ DCIT vs. KEJRIWAL INDUSTRIES LTD.‎

  • Section 32, 37, 36(1)(iii), 37(1), 131, 133A, 56, 147‎ AY 2012-13, 2013-14, 2014-15‎ After going through the various terms of the deed if it is loan/finance arrangement ‎between the parties then the assessee is entitled only to claim interest as expenditure u/s ‎‎36 (1) (iii) and depreciation and is not entitled to claim the principal component of ‎alleged lease rent paid as ‘revenue expenditure’ u/s 37(1). FASTWAY TRANSMISSION ‎‎(P) LTD. vs. ACIT ITAT CHANDIGARH May 6, 2020‎

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Sub Categories of Court or tribunal

  • ACMM COURT BALLARD PIER MUMBAI (1)
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