Uncategorized

Uncategorized

Karnataka H.C : The assessee trust cannot be assessed as on AOP even though the requirements of section 164(1) were not met, inasmuch as the shares of the beneficiaries were indeterminate/unknown and hence the assessing officer was justified in invoking the provisions of section 164(1) of the Act and make the assessee liable to be assessed at the maximum marginal rate in the status of AOP. Hence, it is not relevant whether the necessary ingredients for formation of an AOP are fulfilled by the assessee or not

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High Court Of Karnataka CIT, Bengaluru vs. India Advantage Fund-Vii Section : 164 Assessment Years : 2008-09 And 2009-10 Jayant

Uncategorized, Sec. 158BB, Sec. 158BC, Section 158

Patna H.C : Whether the notebook marked as KPS-5 and the Bank Passbook found as a result of the survey u/s 133A which was carried out in the office premises of Sujata Hotels Pvt. Ltd. of which the Respondent assessee was a Director, on the same day as the search u/s 132 in the residential premises of the Respondent assessee, namely 24.04.2003, could not be taken into consideration by the Assessing Officer while making the computation of the undisclosed income as held by the Tribunal, as the same did not amount to “such other materials or information as are available with the Assessing Officer” within the meaning of Section 158 BB(1)

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High Court Of Patna CIT, Central, Patna vs. Harsh Kochar Section 158BC, 158BB Block Assessment Period 1-4-1997 To 24-4-2003 Hemant

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