assessment Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reopening of the assessment is indemonstrable in law as reasons inserted in Section 147 IT Act were not considered as evidence: ITAT

It is a trite law that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under section 147 IT Act.

Case Briefs High Courts

Transfer of PAN is consequential to the Order of transfer of jurisdiction; Bombay High Court holds PAN follows the jurisdiction not vice versa

Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Why did ITAT decide to delete the addition of streedhan as ‘unexplained investment’ for the purposes of income assessment? Read to know

Income Tax Appellate Tribunal (ITAT), Jaipur: While deciding the instant appeal revolving around the addition of the assessee’s generational streedhan as unexplained

Case Briefs High Courts

[Benami Property] Madras High Court | Writ shall not be entertained against a mere show cause notice; Upholds order of Deputy Commissioner, IT

Madras High Court: A Division Bench of R. Mahadevan and Sathya Narayana Prasad, JJ. approved the orders of the Deputy

Case Briefs Supreme Court

Formation of reasons to believe for search & seizure under Income Tax Act is an administrative function, to be tested by judicial restraint: SC

Supreme Court: The Division Bench of Hemant Gupta* and V. Ramasubramanian, JJ., held that non-supply of satisfaction note to the assessee will

Case Briefs High Courts

Meghalaya High Court| Minimum 7 days time to be provided to respond to the reassessment notice under S. 148 of IT Act, 1961

Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. disposed of a petition holding that the assessee

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT upholds the invocation of S. 263 of Income Tax Act by the PCIT to set aside an assessment order for being prejudicial to interests of the Revenue

Income Tax Appellate Tribunal (ITAT): The Coram of Manish Borad (Accountant Member) and Rajpal Yadav (Vice President), in the instant appeal filed

Case Briefs High Courts

Del HC directs fresh adjudication in a case involving mixed question of fact and law, as it found relevant submissions were not considered by AO

Delhi High Court: A Division Bench of Manmohan and Manmeet Pritam Singh Arora, JJ. disposed the petition and directed fresh adjudication as

Case Briefs High Courts

Adjudication proceedings and criminal proceedings can be launched simultaneously; Madras High Court reiterates, setting aside of assessment orders on technical grounds not enough to quash criminal proceedings

Madras High Court: G. Chandrasekharan, J. declined to quash prosecution against actor SJ Suryah as the order of the Income Tax Appellate

Case Briefs Supreme Court

Income Tax| If such orders continued to be passed, we will impose substantial costs on Assessing Officer which will be recovered from his/her salary: Read why SC stayed Bombay HC’s order

Supreme Court: The Division Bench comprising of M.R. Shah and B.V. Nagarathna, JJ., stayed the impugned order of Bombay High Court wherein

Case Briefs Supreme Court

Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC

It is essential to look beyond the mere concept of destruction of corporate entity which brings to an end or terminates any assessment proceedings.

Experts Corner Tarun Jain (Tax Practitioner)

Claiming Refund Sans Challenge to Assessment in Customs Law: The Controversy Explained

by Tarun Jain†

Cite as: 2022 SCC OnLine Blog Exp 4

Experts Corner Tarun Jain (Tax Practitioner)

Judicial Slugfest on Applicability of New Provisions for Reopening of Assessments under Income Tax Law: An Overview

by Tarun Jain†
Cite as: 2021 SCC OnLine Blog Exp 84

Case Briefs Supreme Court

Cancellation of Class XII Board exams; CBSE, ICSE Assessment Schemes: Fair, reasonable and in larger public interest. Here’s why

Supreme Court: The bench of AM Khanwilkar and Dinesh Maheshwari, JJ has refused to interfere with the assessment Scheme propounded by the

Case Briefs Supreme Court

Class XII students’ evaluation scheme by CBSE and ICSE approved by Supreme Court with two additions: Here’s what we know

Supreme Court: The bench of AM Khanwilkar and Dinesh Maheshwari, JJ has accepted the schemes presented by CBSE and ICSE for assessment

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT | Can enhancement be made when the same was not there in the reasons recorded for reopening the assessment? Tribunal answers

Income-tax Appellate Tribunal, New Delhi: Dealing with the issue of enhancement by CIT(A) which was never therein the reasons recorded for reopening

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCC Times

assessment

Reopening of the assessment is indemonstrable in law as reasons inserted in Section 147 IT Act were not considered as evidence: ITAT

Transfer of PAN is consequential to the Order of transfer of jurisdiction; Bombay High Court holds PAN follows the jurisdiction not vice versa

[Benami Property] Madras High Court | Writ shall not be entertained against a mere show cause notice; Upholds order of Deputy Commissioner, IT

Formation of reasons to believe for search & seizure under Income Tax Act is an administrative function, to be tested by judicial restraint: SC

Meghalaya High Court| Minimum 7 days time to be provided to respond to the reassessment notice under S. 148 of IT Act, 1961

ITAT upholds the invocation of S. 263 of Income Tax Act by the PCIT to set aside an assessment order for being prejudicial to interests of the Revenue

Del HC directs fresh adjudication in a case involving mixed question of fact and law, as it found relevant submissions were not considered by AO

Adjudication proceedings and criminal proceedings can be launched simultaneously; Madras High Court reiterates, setting aside of assessment orders on technical grounds not enough to quash criminal proceedings

Income Tax| If such orders continued to be passed, we will impose substantial costs on Assessing Officer which will be recovered from his/her salary: Read why SC stayed Bombay HC’s order

Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC

Claiming Refund Sans Challenge to Assessment in Customs Law: The Controversy Explained

Judicial Slugfest on Applicability of New Provisions for Reopening of Assessments under Income Tax Law: An Overview

Cancellation of Class XII Board exams; CBSE, ICSE Assessment Schemes: Fair, reasonable and in larger public interest. Here’s why

Class XII students’ evaluation scheme by CBSE and ICSE approved by Supreme Court with two additions: Here’s what we know

ITAT | Can enhancement be made when the same was not there in the reasons recorded for reopening the assessment? Tribunal answers

ITAT| Treating entire bogus purchases as the income of the Assessee when not appropriate? ITAT explains

Court cannot sit in assessment over decisions of UPSC unless statutory breach or mala fides are shown

Re-opening of assessment to be based on concrete evidence