Section 142 Archives - taxcaselaw.com

S.C : The Tribunal came to the conclusion that prior to the insertion of the expression “suo motu” with effect from 1 April 2008 in Section 142(2C), the assessing officer had no jurisdiction to extend time for the submission of the report of an auditor appointed under sub section (2A)

Avijit Das / March 26, 2019

Supreme Court Of India CIT vs. Ram Kishan Dass Section 142(2A), 142(2C) Dr. Dhananjaya Y. Chandrachud & Hemant Gupta, JJ. […]

Section 142, Sec. 142(1), Section 144

Madras H.C : Whether the Appellate Tribunal is correct in law in remitting the case to the file of the Commissioner of Income Tax (Appeals) with a direction to consider the additional ground raised by the assessee with regard to non issue of notice under Section 143(2) by the Assessing Officer before completion of assessment without considering the circumstantial evidence, under which, the Assessing Offi er ould not issue notice under Section 143(2) of the Income Tax Act ?

Avijit Das / January 30, 2019

High Court Of Madras Pr. CIT Central vs. J Jay Tv Pvt. Ltd. Section 142(1), 144 Asst. Year 1995-96 T.S.

Sec. 142(2A), Sec. 143(3), Sec. 260A

Bombay H.C : The disallowance of deputation and other cost by relying on the CIT(A) order, which in turn had relied upon the report of Special Auditors appointed u/S. 142(2A)

Avijit Das / December 17, 2018

High Court Of Bombay Pr. CIT vs. Tulip Hospitality Service Ltd. Section 260A, 142(2A), 143(3) Asst. Year 2004-05 & 2005-06

Sec. 2(22)(E), Sec. 142(1), Sec. 143(2), Section 132, Section 142, Section 153

Karnataka H.C : Agreement between the assessee and Smt. Vandana Poddar dated 24.05.2004 (seized documents A/BP/1) to pay her Rs.11 Crores and the payment of Rs. 11.05 Crores by MEL at the instance of the assessee who was the MS and the shareholder to M/s. Solid Real Estate Private Limited and in turn to Smt. Vandana Poddar would amount to deemed dividend as per Section 2(22)(e) of the Act, and the judgments of the Apex Court in 229 ITR 444, 290 ITR 893

Avijit Das / December 10, 2018

High Court Of Karnataka CIT (Central) And Anr. vs. Basant Poddar Section 2(22)(e), 132, 142(1), 143(2), 153A Asst. Year 2004-2005

Sec. 133A, Income Tax Case Laws, Section 142, Section 147, Section 148

Delhi H.C : According to information received by the Revenue the on the basis of a survey conducted under Section 133(A)

Avijit Das / October 23, 2018

High Court Of Delhi Kolahai Infotech Pvt. Ltd. vs. ITO Section 133(A), 142, 147 and 148 Asst. Year 2010-11 S.

Income Tax Case Laws, Section 139, Section 142, Section 148, Section 153, Section 17, Section 2, Section 45

Andhra Pradesh H.C : The assessee filed his return of wealth, for the assessment year 2009-2010, on 17.09.2010 declaring a net wealth of Rs.1,86,620/-; a notice was issued to him thereafter, under Section 17 of the Wealth Tax Act, 1957

Avijit Das / October 11, 2018

High Court Of Andhra Pradesh Devineni Avinash vs. Pr.CIT Section 2(e)(a), 2(ea)(v), 2(m), 3(2), 16(2), 17, 45, 139, 142, 148,

Sec. 143(1), Income Tax Case Laws, Sec. 142(1), Section 129, Section 54, Section 54F

Madras H.C : Whether any part of the capital gain from transfer of the residential house is exempt from the capital gain tax and if so to what extent

Avijit Das / August 6, 2018

High Court Of Madras C. Aryama Sundaram vs. CIT Indira Banerjee, CJ & Abdul Quddhose, J. Section 143(1), 129, 142(1),

Sec. 260A, Section 142, Section 148

Karnataka H.C : The assessing authority had not supplied the reasons for re-assessment even though the assessee was made aware of the crux of the case and assessee was provided sufficient opportunity of hearing and assessee had actively contested the case before assessing authority

Avijit Das / July 2, 2018

High Court Of Karnataka Principal Commissioner Of Income Tax & Anr. vs. V. Ramaiah Section 260A, 142, 148, 134(3) Vineet

Section 142

Karnataka H.C : The deduction under section 54 cannot be denied, on the basis of a different view being expressed by ITAT Ahmd in case of Leena J. Shah, as it is settled law, that the interpretation in favour the applicant should be adopted

Avijit Das / January 2, 2018

High Court Of Karnataka Karnataka Industrial Area Development Board.Â Vs.Â ACIT (Exemptions), Circle-1, Beng. Section : 142 Assessment Years : 2013-14 And

Section 142

Karnataka H.C : Whether since Assessing Authority passed order for ‘special audit’ mechanically without due application of mind at fag-end of period of limitation before which said authority was expected to pass assessment orders without giving a reasonable opportunity of hearing to assessee, same was to be set aside

Avijit Das / January 2, 2018

High Court Of Karnataka Karnataka Industrial Area Development Board. Vs. Assistant Commissioner Of Income-Tax (Exemptions), Circle-1, Beng. Section : 142