Month: January 2018

S. C : Whether Rule 8D is retrospectively applicable?

Supreme Court Of India CIT, 5 Mumbai Vs. Essar Teleholdings Ltd. Section : 14A Assessment year 2008-09 A.K. Sikri And Ashok Bhushan, Jj. Civil Appeal No. 2165 Of 2012 January  31, 2018   JUDGMENT Ashok Bhushan, J. – Delay Condoned. Leave granted. 2. This appeal when alongwith several appeals were heard on 16.11.2016, this Court noticed …

Allahabad H.C : Whether under the facts and circumstances of the case the Income Tax Appellate Tribunal has erred in believing that the Assessing Officer has taken a view in the light of surrounding circumstances which cannot be called to be erroneous and prejudicial to the interest of Revenue and Commissioner of Income Tax has exercised his jurisdiction under section 263 of Income Tax Act without having sufficient material with him

High Court Of Allahabad CIT & Ors. vs. The Upper India Couper Paper Mills Co. Pvt. Limited & Ors. Section 260A, 263, 154 Asst. Year 2007-08, 2008-09, 2009-10 Sudhir Agarwal & Virendra Kumar, JJ. Income Tax Appeal No. 24 of 2012, 25 of 2014, 120 of 2015, 121 of 2015, MISC. BENCH No. 1812 of 2014 …

Madras H.C : These Writ Petitions question the orders passed under the Prohibition of Benami Property Transactions Act, 1988, as amended by Act No.43 of 2016

High Court Of Madras Cascade Energy PTE Ltd. vs. Union Of India And Others Section 24(1), 2(21), 18(1), 59 T. S. Sivagnanam, J. Writ Petition Nos.14626 to 14628 of 2017 And W.M.P.Nos.15862 to 15864 of 2017 W.M.P.Nos.19504 to 19509 of 2017 & W.M.P.No.23213 of 2017 25th January, 2018 Counsel Appeared: P. Chidambaram Sr. Counsel & M.S. …

Kerala H.C : The assessments relate to the deceased mother of the appellant, who had a total of five children, four of whom authorized the appellant herein to contest the matter since the mother died on 24.02.2006, after the search effected in her premises as also the notice issued under Section 153A

High Court Of Kerala Dr. A. V. Sreekumar vs. CIT & Anr. Section 132, 143, 153A Asst. Year 1999-2000 & 2000-2001 K. Vinod Chandran & Ashok Menon, JJ. ITA Nos. 186 of 2013 & 217 of 2013 24th January, 2018 Counsel Appeared: V.V. Asokan Advs. K.I. Mayankutty Mather, Mahesh V Ramakrishnan, P. Rahul for the Petitioner.: …

Delhi H.C : Where petitioner had voluntarily agreed and undertaken to pay to department compounding charges and to withdraw his appeal, he is to be directed to be bound down by same

High Court Of Delhi Vikram Singh vs. Union of India Section 279 Sanjiv Khanna And Ms. Prathiba M. Singh, JJ. W.P.(C) No. 6268 Of 2017 January  23, 2018 JUDGMENT Ms. Prathiba M. Singh, J. – The petitioner challenges the imposition, legality and validity of compounding fee – a fee charged under the Income Tax Act, 1961 (for …

Gujarat H.C : Where Assessing Officer levied penalty under section 271AAA for default of not substantiating manner in which undisclosed income was earned, in view of fact that assessee developer had made statement that undisclosed income was earned by way of ‘on money’ received in its housing project and, moreover, assessee had paid due tax on said income, impugned penalty was unjustified

High Court Of Gujarat Pr.CIT, Surat-2 vs. Swapna Enterprise Section : 271AAA Assessment Year: 2011-12 Ms. Harsha Devani And A.S. Supehia, JJ. Tax Appeal No. 826 Of 2017 January 22, 2018 ORDER Ms. Harsha Devani, J.- By this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), the appellant …

Bombay H.C : the registration granted under Section 12A of the Income Tax Act, 1961 to avail the benefit of exemption would continue even after the assessee society was found to be regularly involved in holding various commercial tournaments on behalf of BCCI and receiving payment from BCCI for TV and other rights, which also amounted to carrying on activity in the nature of rendering services to trade, commerce or business and thus hit by the mischief of the proviso to Section 2(15) introduced w.e.f. 01.04.2009

High Court Of Bombay Pr.CIT vs. Maharashtra Cricket Association Section : 260A, 12A Asst. Year : 2009-10 M. S. Sanklecha & Riyaz I. Chagla, JJ. Income Tax Appeal No. 748 OF 2015 22nd January, 2018 Counsel appeared: Tejveer Singh for the Appellant.: Mihir Naniwadekar, with Prateek Pai i/b Keystone & Partners for the Respondent PC: This …

Punjab & Haryana H.C : Though appreciation of value of share sold by assessee was very high, in view of fact that same was traded in NSE and receipts of sales routed through bank and company whose shares were sold was not a closely held company, no addition could be made as undisclosed income

High Court Of Punjab And Haryana Pr.CIT, (Central), Ludhiana Vs. Prem Lal Gandhi Section 69 Assessment year 2008-09 S.J. Vazifdar, Cj. And Avneesh Jhingan, JJ. IT Appeal No. 95 Of 2017(O&M) January  18, 2018 JUDGMENT Justice S.J. Vazifdar, C.J. – This is an appeal against the order of the Income Tax Appellate Tribunal dated 20.07.2016 upholding …
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