Category Archives: Income Tax Judgments

Taxpayer cannot challenge Income Tax Notice if participated in the assessment proceeding : High Court

By | March 14, 2022
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Taxpayer cannot challenge Income Tax Notice if participated in the assessment proceeding : High Court HIGH COURT OF BOMBAY Chhagan Chandrakant Bhujbal v. Income-tax Officer K.R. SHRIRAM AND AMIT B. BORKAR, JJ. WRIT PETITION NO. 3597 OF 2019 DECEMBER  8, 2021 K. Gopal, Jitendra Singh and Om Kandalkar for the Petitioner. Sham V. Walve for the Respondent. JUDGMENT K.R. Shriram, J. – Since pleadings… Read More »

Section 68 Addition deleted as Assessing officer has used extensive enquiries made by the Investigating wing : High Court

By | March 10, 2022
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Section 68 Addition deleted as Assessing officer has used extensive enquiries made by the Investigating wing : High Court HIGH COURT OF DELHI Principal Commissioner of Income-tax v. Vikas Telecom Ltd. MANMOHAN AND NAVIN CHAWLA, JJ. IT APPEAL NO. 112 OF 2020 CM APPL. NO. 6464 OF 2020 DECEMBER  15, 2021 JUDGMENT Navin chawla, J. – This appeal… Read More »

Any Source of Fund can be used to Buy new House for claiming exemption u/s 54 of Income Tax : ITAT

By | March 9, 2022
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Any Source of Fund can be used to Buy new House for claiming exemption u/s 54 of Income Tax : ITAT IN THE ITAT MUMBAI BENCH ‘D’ Reji Easow v. Income Tax Officer, Ward 3(5) PRAMOD KUMAR, VICE PRESIDENT KULDIP SINGH, JUDICIAL MEMBER IT APPEAL NO. 1557 (MUM.) OF 2020 [ASSESSMENT YEAR 2015-16] MARCH  8,… Read More »

Section 234E Fees for TDS return default can not be levied for period before 01.06.2015 : ITAT

By | March 8, 2022
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Section 234E Fees for TDS return default can not be levied for period before 01.06.2015 : ITAT IN THE ITAT KOLKATA BENCH ‘A’ Bhaskar Roy v. Income-tax Officer, TDS-1(2), Kolkata P.M. JAGTAP, VICE PRESIDENT (KZ) AND A.T. VARKEY, JUDICIAL MEMBER IT APPEAL NOS. 415 TO 422 (KOL) OF 2021 [ASSESSMENT YEARS 2013-14 TO 2015-16] DECEMBER  17,… Read More »

Date of Possession of Flat to be taken for Section 54F Relief : ITAT

By | March 5, 2022
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Date of Possession of Flat to be taken for Section 54F Relief : ITAT IN THE ITAT INDORE BENCH Yogesh Jhingan v. Deputy Commissioner of Income-tax-(Central) CHANDRA MOHAN GARG, JUDICIAL MEMBER AND MANISH BORAD, ACCOUNTANT MEMBER IT (SS) APPEAL NO. 100 (INDORE) OF 2017 [ASSESMENT YEAR 2010-11] OCTOBER  5, 2021 Sumit Nema, Sr. Adv., Gagan Tiwari and Piyus Prashar,… Read More »

Interest can not charged u/s 220 if the amount on which interest was payable was extinguished : High Court

By | March 4, 2022
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Interest can not charged u/s 220 if the amount on which interest was payable was extinguished HIGH COURT OF BOMBAY Union of India v. Dodsal Ltd. K.R. SHRIRAM AND AMIT B. BORKAR, JJ. WRIT PETITION NO.301 OF 2000 DECEMBER  9, 2021 Sham V. Walve, Dinesh Kukreja and Pritish Chatterjee for the Petitioner. Ms. Shobha H. Jagtiani, Priyanshu Khatri and Ms. Anjali Jhawar for the Respondent. JUDGMENT Amit… Read More »

Income Tax Refund can not be adjusted by Assessing officer without intimation : High Court

By | October 21, 2021
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Income Tax Refund can not be adjusted by Assessing officer without intimation : High Court Facts of the Case Income Tax department sought to adjust refund granted to assessee for assessment year 2019-20 against demands for assessment years 2015-16 and 2016-17, Petitioner already filed appeal against outstanding demand of AY 2015-16 and 2016-17 and  deposited… Read More »

Income shown in 26AS can not be taxed in mechanical way without verification by Income tax officer : ITAT

By | September 29, 2021
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Income shown in 26AS can not be taxed in mechanical way without verification by Income tax officer : ITAT While filing her return of income the assessee has shown income from profession and other sources. During the process by CPC, the additions were made in the hand of assessee on the basis of TDS shown… Read More »

Faceless Assessement Order set aside as E filing Portal not working : High Court

By | September 29, 2021
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HIGH COURT OF DELHI Faqir Chand v. National E-Assessment Center, Delhi MANMOHAN AND NAVIN CHAWLA, JJ. W.P.(C) NO. 8054 OF 2021 CM APPL. NOS. 25043 AND 25044 OF 2021 AUGUST  9, 2021 JUDGMENT CM APPL. 25044/2021 (exemption) Manmohan, J.— Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 8054/2021 & CM APPL. 25043/2021 1. The… Read More »

Section 54F relief allowed even if payment is made one year before acquisition of property : High Court

By | September 27, 2021
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Section 54F relief allowed even if payment is made one year before acquisition of property : High Court HIGH COURT OF KARNATAKA M. George Joseph v. Deputy Commissioner of Income-tax, Circle-12(2), Bangalore ALOK ARADHE AND HEMANT CHANDANGOUDAR, JJ. IT APPEAL NO. 238 OF 2015 JULY  12, 2021 Shankar A., Sr. Counsel and Bhairav Kuttaiah, Adv. for the Appellant. E.I. Sanmathi,… Read More »