Courts say.....

"Having examined the record, we find that in this case, the Department sought reopening of the assessment based on the opinion given by the District Valuation Officer (DVO). The opinion of the DVO per se is not an information for the purposes of reopening assessment under section 147 of the Income-tax Act, 1961. The Assessing Officer has to apply his mind to the information, if any, collected and must form a belief thereon."

ACIT vs. Dhariya Construction Co. (2010) 328 ITR 515 (SC) quoted in CIT vs. M/s Baldev Plaza, Golgha And Another (Allahabad High Court)

DTRJ20131017

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Latest Income Tax Case Laws

Ravinshankar R. Singh vs Income Tax Officer 21(3) (4), Mumbai

Issue: Whether crediting the amount of revaluation reserve to partner’s capital account amounts to transfer of firm’s asset to the partner?Synopsis: The assessee was a partner in a cable TV advertising network business, styled as M/s Satellite TV Network. During the A.Y.2008-09, the network rights… Read More

Deputy Commissioner of Income Tax vs M/s. Embee Diagnostics Pvt. Ltd.

Issue: Whether the AO was justified in disallowing the amount described as ‘provision for doubtful debts’ in the re-assessment proceedings in the facts and circumstances of the case?Synopsis: The assessment for AY 2007-08 completed u/s 143(3) was reopened by the AO on the ground that the assessee… Read More

Deputy Commissioner of Income Tax vs Ignite Mundra Pvt. Ltd. (Formerly Known as Canvas Communication P. Ltd.)

Issue: Whether disallowance u/s 40(a)(ia) could be made for non deduction of TDS on payments made to a group company, where such payments were in the nature of reimbursement of cost of employees’ services?Synopsis: The assessee company was in the business of advertising and marketing. It was… Read More

Commissioner of Income Tax vs. M/s. Idicula Trust Society, Faridabad

Issue: Whether in the facts and circumstances of the case exemption u/s 11 was rightly denied in view of violations u/s 13?Synopsis: The assessee-trust, registered u/s 12A since 6.7.1971, was doing charitable work of imparting education through five schools. Read More

Commissioner of Income Tax vs Ashley Services Limited

Issues: (1) Whether on the facts and in the circumstances of the case, the reassessment proceedings were based on a change of opinion, when the provisions of Section 73 and the explanation thereto were not at all considered in the original assessment? Read More

Interglobe Enterprises Ltd. vs Deputy Commissioner of Income Tax, Circle-11 (1), New Delhi

Issue: Whether on the facts and in the circumstances of the case, the AO had correctly made the disallowances under Rule 8D?Synopsis: This was a group of three appeals consisting of two filed by the assessee for AYs 2008-09 & 2009-10 and one filed by revenue for AY 2009-10. Read More

Dhruv Parulbhai Patel Through Poa Parulbhai Laxmanbhai Patel Vs Assistant Commissioner of Income Tax

Issue: Whether the reopening of assessment can be validated if there is an error of a substantial nature in the reason recorded?Synopsis: The assessee returned his total income of Rs. 4,43,830/-. During the period relevant to the AY, he had sold a residential property and claimed exemption u/s 54. Read More

Sasmita Investments Ltd. vs Appropriate Authority & Others

Issue: Whether section 293 is specific, which does not admit filing of a suit which has the effect of even indirectly setting aside or modifying any proceeding taken under the Act?Synopsis: The plaintiff-transferee is engaged in the business of investment in properties. It sought a declaration that… Read More

Commissioner of Income Tax vs. Modi Spinning Mills And Weaving Mills Co Ltd

Issue: On admissibility of additional ground.Synopsis: In this case the revenue was aggrieved by an order of the ITAT whereby a direction had been issued to the CIT(A) to admit the additional grounds urged by the assessee and adjudicate upon it. Read More

Ravinshankar R. Singh vs Income Tax Officer 21(3) (4), Mumbai

Issue: Whether crediting the amount of revaluation reserve to partner’s capital account amounts to transfer of firm’s asset to the partner?Synopsis: The assessee was a partner in a cable TV advertising network business, styled as M/s Satellite TV Network. During the A.Y.2008-09, the network rights… Read More

Most Read Income Tax Case Laws

11241

Commissioner of Income Tax vs. Himgiri Casting Pvt. Ltd.

in Section: 080IB
Commentary in Hindi Judgment Issue: Whether deduction u/s. 80-IB could be allowed when the assessee failed to furnish the Audit Report along with the Income tax return? Read More
6709

Director of Income Tax (Int. Tax.) vs. Western Geco International Ltd

in Section: 044BB
Commentary in Hindi Judgment Issue: Whether a proviso inserted after the relevant previous year can affect the application of the main section? Read More
2342

Hyosung Corporation Korea vs. Commissioner of Income Tax DR (AAR)

in Section: 245R
Commentary in English Commentary in Hindi Judgment Issue: Whether where the question raised in the application for advance ruling is pending adjudication before the assessing authority, the bar… Read More
2130

Director of Income Tax (Exemption) Vs. Raunaq Education Foundation

in Section: 080G
Issue: When is the credit for Post Dated Cheques to be given?Synopsis: On 07/01/2013, the Hon’ble Supreme Court settled the issue regarding the date of receiving a consideration by way of a… Read More
2086

Amul Research & Development Association vs. Income Tax Officer

in Section: 156
Commentary in English Commentary in Hindi Judgment Issue: Whether the AO was justified in reducing the time period of 30 days to 7 days u/s 220(1) and recover a sum of Rs. 1,39,00,000/- u/s 226(3)? Read More
   

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