Search Results for "reopening assessment"

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Search Results for "reopening assessment"

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High Court

High Court Dismisses CBDT's Challenge to CAT Order Quashing Charge Sheet Against Income Tax Officer. Acquittal in Criminal Case on Same Facts Justifies Quashing of Disciplinary Proceedings, Even if Acquittal Not Honourable.

8 Apr 2024

The petitioners, the Chairman of the Central Board of Direct Taxes (CBDT), the Revenue Secretary, and the Under Secretary to the Government of India, ...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Notice Quashed for Lack of Proper Application of Mind. The Assessing Officer must apply his own mind and not merely rely on Investigation Wing's report; failure to do so renders the reopening notice invalid.

8 Apr 2024

The petitioner, an individual carrying on business, challenged a notice issued under Section 148 of the Income Tax Act, 1961 for reopening of assessme...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Failure to Disclose Material Facts — Reassessment Initiated Beyond Four Years Invalid Without Proof of Non-Disclosure Under Section 147 Proviso of Income Tax Act, 1961

27 Jun 2023

The petitioner, Hindoostan Mills Limited, filed a writ petition under Article 226 of the Constitution challenging a notice dated 30th March 2021 issue...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act Due to Change in Law After Finance Act, 2021. Notice Issued Under Old Regime Held Invalid as Proceedings Must Conform to Amended Provisions, with Liberty to Initiate Fresh Proceedings.

22 Mar 2022

The petitioner, Nitinkumar S/o Rishiram Agrawal, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 31.03...

Supreme Court

Supreme Court Allows Appeal in Ceiling Act Case — Gift Deed Valid Despite Lack of Express Acceptance. Transfer of Property Act, 1882 Sections 122 and 123 do not require express acceptance; implied acceptance from circumstances suffices for a valid gift between father and son.

8 Dec 2020

The present appeal arises from a land ceiling dispute in Rajasthan. Daulat Singh (since deceased, represented by legal heirs) was the owner of 254.2 B...

High Court

Bombay High Court Allows Reference on Double Taxation Issue in Income Tax Case — Assessee Company Cannot Be Taxed Again on Income Already Assessed in Export Firm's Hands. The court considered whether income already assessed in the hands of an export firm could be taxed again in the hands of the assessee limited company, noting that the facts were not in dispute.

8 May 2015

The case involves an income tax reference by the Bombay High Court at Nagpur Bench. The assessee, R.B. Shreeram Durgaprasad (P) Limited, Tumsar, chall...

High Court

Karnataka High Court Dismisses State's Revision Petitions in Agricultural Income Tax Cases — Limitation Period for Revision Under Section 55(1) of KAIT Act Runs from Date of Service of Order. The court held that the word 'passed' in Section 55(1) must be read as 'served' to give effect to the right of revision, and the Karnataka Appellate Tribunal has power to condone delay under Section 32(5)(a) of the Act.

25 Mar 2014

The case involves a batch of civil revision petitions filed by the State of Karnataka under Section 55(1) of the Karnataka Agricultural Income Tax Act...

High Court

Karnataka High Court Dismisses State's Revision Petitions in Agricultural Income Tax Reassessment Cases — Reassessment Notices Issued Beyond Limitation Period Invalid. The court held that reassessment proceedings under Section 35 of the Karnataka Agricultural Income Tax Act, 1957 must be initiated within the prescribed limitation period, and failure to do so renders the notice invalid.

25 Mar 2014

The case involves multiple civil revision petitions filed by the State of Karnataka against orders of the Karnataka Appellate Tribunal allowing appeal...

High Court

Karnataka High Court Dismisses State's Revision Petitions in Agricultural Income Tax Cases — Limitation Period for Revision Under Section 55(1) of KAIT Act, 1957 Is 4 Years and Cannot Be Extended. The court held that Section 5 of the Limitation Act, 1963 is not applicable to revision petitions under Section 55(1) of the Karnataka Agricultural Income Tax Act, 1957, and the revisional authority has no power to condone delay beyond the prescribed period of 4 years.

25 Mar 2014

The case involves a batch of civil revision petitions filed by the State of Karnataka under Section 55(1) of the Karnataka Agricultural Income Tax Act...

Supreme Court

Supreme Court Dismisses Assessee's Appeal Against Inclusion of Interest Credits as Taxable Income Under Section 4(1)(a) of Income-tax Act, 1922. Mercantile System Credit Entries for Interest from Own Shop in Native State Treated as Income Received in British India.

3 Oct 1958

The assessee, ordinarily resident in British India, carried on business at Khurja and Aligarh in India and at Chistian in the Indian State of Bahawalp...

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