” …………. if the buyer furnishes to the person responsible for the tax a declaration in writing in prescribed form declaring that the goods in question are to b e utilized for the purposes of manufacturing processor producing articles or things or for the purpose of generation of power and not for trading purposes. The… Read More »
A bare reading of the above notice suggests that the notice has been issued in a casual fashion. The Assessing officer has not applied his mind and no specific charge is mentioned for which the assessee was required to be show caused. In absence of the requisite contents of specific charge the initiation of proceedings… Read More »
It is a settled position in law that the Assessing Officer acquires jurisdiction to issue a re-opening notice only when he has reason to believe that income chargeable to tax has escaped Assessment. This basic condition precedent is applicable whether the return of income was processed under Section 143(1) of the Act by intimation or… Read More »
HIGH COURT OF MADRAS Smt. Ritha Sabapathy v. Deputy Commissioner of Income-tax, Circle-1, Chennai DR. VINEET KOTHARI AND C.V. KARTHIKEYAN, JJ. TAX CASE APPEAL NO. 169 OF 2019 FEBRUARY 19, 2019 R. Sivaraman, Sr. Standing Counsel for the Appellant. Mrs. V. Pushpa for the Respondent. JUDGMENT Dr. Vineet Kothari, J. – The Assessee has filed this Tax Case (Appeal) under Section 260-A… Read More »
It can be safely be concluded that the assessee in the case before us was entitled to claim exemption u/s. 54 to the extent he had invested towards the purchase of the new residential property under consideration upto the date of filing of his revised return of income under Sec. 139(5) i.e. on 15.11.2014. IN… Read More »
The Assessing Officer held that services of catering rendered by M/s Monginis is technical service and therefore, deduction of tax at source by the respondent has to be under Section 194J of the Act. However, in appeal both the Commissioner of Income Tax (Appeals) (CIT(A)) as well as the Tribunal on facts have come to… Read More »
On receipt of information, the least that is expected of the Assessing Officer is to examine the same in the context of the facts of this case and satisfy himself whether the information received does prima facie lead to a reasonable belief that income chargeable to tax has escaped assessment. In this case, the reasons indicate that… Read More »
The grant of stay is conditional upon the satisfaction of three primary aspects, i.e., the existence of a prima facie case, financial stringency demonstrated and established by the Assessee and the balance of convenience in the matter. Thus, the Office Instruction directing the Assessing Authority to call upon the assessee to remit 20% of the… Read More »
Only when final determination of income is in excess of that returned by the assessee, under Section 158BC, could there be a levy of penalty under Section 158BFA of the Act HIGH COURT OF KERALA Commissioner of Income-tax, Cochin v. C. Najeeb K. VINOD CHANDRAN AND ASHOK MENON, JJ. IT APPEAL NOS. 1312 & 1549 OF 2009… Read More »
Held A.O. shall furnish reasons for re-opening of assessment of income for the said assessment years so as to enable the petitioner to file objections and after hearing the petitioner, to pass speaking orders then to proceed with the assessment and to pass appropriate orders as shall be warranted HIGH COURT OF MEGHALAYA North Eastern… Read More »