Month: August 2016

Andhra Pradesh & Telangana H.C : The proceedings issued by the Deputy Commissioner of Income Tax under Section 143(3) read with Section 144-C (13)

High Court Of Andhra Pradesh And Telangana Rain Cements Ltd. vs. DCIT, Circle 3(1), Hyderabad Section : 92C, 144C Assessment Year : 2008-09 V. Ramasubramanian And Smt. Anis, JJ. Writ Petition No. 33342 Of 2015 August 31, 2016 ORDER V. Ramasubramanian, J. – The petitioner has come up with the above writ petition seeking a declaration …

Rajasthan H.C : No legal search has taken place in the case of the assessee under Section 132(1), as specifically the name of the assessee was not mentioned in the search warrant and consequently assumption of jurisdiction under Section 158BC by the A.O. was bad in law

High Court Of Rajasthan CIT, Jaipur vs. Smt. Umlesh Goel Section 132, 158BC Ajay Rastogi And J.K. Ranka, JJ. D.B. It Appeal Nos. 153 Of 2003 & 63, 112 & 115 Of 2004 August 31, 2016 ORDER J.K. Ranka, J. – These four appeals under Section 260-A of the Income Tax Act are directed against the …

S.C : It is alleged that assessee made false statements denying of having any locker either in individual names or jointly in any bank

Supreme Court Of India Babita Lila vs. Union Of India Section 246, 195, 292 Pinaki Chandra Ghose And Amitava Roy, JJ. Criminal Appeal No. 824 Of 2016 August 31, 2016 JUDGMENT Amitava Roy, J. – Leave granted 2. Being aggrieved by the rejection of their challenge to the initiation of their prosecution under Sections 109/191/193/196/200/420/120B/34 IPC …

Gujarat H.C : The major claims of the petitioner was of deduction under section 80IC of the Income Tax Act, 1961 (‘the Act’ for short) relating to its unit eligible for exemption situated in Himachal Pradesh

High Court Of Gujarat Reckitt Benckiser Healthcare India (P.) Ltd. vs. DCIT Section : 80-IC, 147 Akil Kureshi And A.J. Shastri, JJ. Special Civil Application No. 3503 Of 2016 August 31, 2016 JUDGMENT Akil Kureshi, J. – The petitioner has challenged a notice dated 12.03.2015 issued by the respondent Assessing Officer to reopen the petitioner’s assessment …

Gujarat H.C : the petitioner had filed the return of income declaring book profit of Rs.8.73 crores (rounded off) for the purpose of section 115JB

High Court Of Gujarat Elecon Engineering Company Ltd. vs. ACIT, Anand Circle Section 28(i),147 Assessment Year 2009-10 Akil Kureshi And A.J. Shastri, JJ. Special Civil Application No. 1641 Of 2015 August 31, 2016 JUDGMENT Akil Kureshi, J. – The petitioner has challenged a notice dated 29.3.2014 by which the respondent no.1 Assessing Officer sought to reopen …

Gujarat H.C : Where during assessment, Assessing Officer had examined entire claim of interest expenditure incurred in respect of Deep Discount Bonds and concluded said claim as not valid, he could reopen assessment taking ground that expenditure was disallowable for non-deduction of tax at source

High Court Of Gujarat Nirma Ltd. vs. DCIT, Circle-5 Section  : 40(a)(ia), 36(1)(iii), 194A and 147 Assessment Year : 2005-06 Akil Kureshi And A.J. Shastri, JJ. Special Civil Application No.16613 Of 2010 August  30, 2016 JUDGMENT Akil Kureshi, J. – The petitioner has challenged a notice dated 30.3.2010 issued by the respondent – Assessing Officer to reopen …

Madras H.C : the interest from fixed deposits formed out of compulsory retention and transfer of export realisation is income from business liable for inclusion as business profit for computation of deduction under section 80HHC of the Income-tax Act

High Court Of Madras Gerard Perira vs. ITO Section 80HHC Assessment Year 1999-2000 S. Manikumar And D. Krishna Kumar, JJ T.C.A. No. 1121 Of 2007 August 30, 2016 JUDGMENT S. Manikumar, J.-Tax case appeal is directed against the order made in I. T. A. No. 3094/Mds/2004, dated September 21, 2006, on the file of the Income-tax …

Punjab & Haryana H.C : the order of the Ld. CIT(A) deleting the addition of Rs. 2,69,00,000/- made on account of low G.P. rate, especially in view of its own decision of upholding the rejection of books of account in terms of section 145(3) of the Income Tax Act, 1961 and reversing the decision of the Ld. CIT(A) on this ground but not upholding the consequential estimation of income by the AO even though there are serious defects in assessee’s accounts

High Court Of Punjab And Haryana CIT vs. Smt. Satish Bala Malhotra Section : 145 Assessment Year : 2006-07 S.J. Vazifdar, CJ. And Deepak Sibal, J. IT Appeal No. 233 Of 2016 (O&M) August 30, 2016 JUDGMENT S.J. Vazifdar, C.J. – This is an appeal against the order of the Tribunal in respect of the assessment …
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