LTCG invested in buying residential house outside India was eligible for sec. 54F exemption prior to 1-4-2015 : ITAT

INCOME TAX : Once assessee invested long term capital gain on sale of immovable property in buying residential house either in India or outside India prior to 1-4-2015, assessee is…

Continue ReadingLTCG invested in buying residential house outside India was eligible for sec. 54F exemption prior to 1-4-2015 : ITAT

Assessment can be completed without issuing demand notice if appeal against Sec. 263 revision is pending before ITAT: HC

INCOME TAX : Even if appeal against revision order passed under section 263 was pending before Tribunal, Assessing Authority could complete assessment proceedings pursuant to findings given by revisional authority…

Continue ReadingAssessment can be completed without issuing demand notice if appeal against Sec. 263 revision is pending before ITAT: HC

Notice served by affixing at address not valid if it was intimated to AO that assessee wasn’t available at that address

INCOME TAX : Where a reopening notice was served upon assessee for treating purchase of shares by assessee as its unexplained investment by affixing it at an address at which…

Continue ReadingNotice served by affixing at address not valid if it was intimated to AO that assessee wasn’t available at that address

No violation of sec. 13 if trustee of ‘Tata Trust’ holding only 0.83% of shares of ‘Tata Sons Ltd.’: Mumbai ITAT

INCOME TAX : Where founder trustee of assessee-trust was holding only 0.83 per cent of aggregate paid-up ordinary share capital of TSL, which was much less than threshold requirement of…

Continue ReadingNo violation of sec. 13 if trustee of ‘Tata Trust’ holding only 0.83% of shares of ‘Tata Sons Ltd.’: Mumbai ITAT

Co. can’t question reassessment if it duly participated in proceeding knowing about reasons for reopening of assessment

INCOME TAX : Where assessee questioned validity of a reassessment order on ground that objections raised by it against reopening were not answered by way of a speaking order, since…

Continue ReadingCo. can’t question reassessment if it duly participated in proceeding knowing about reasons for reopening of assessment

New tangible material is mandatory though only intimation u/s 143(1) was sent to Tata Trust; HC quashes reassessment

INCOME TAX : New tangible material is sine qua non for reassessment even where ITR filed was processed amp; not selected in scrutinyINCOME TAX : New tangible material is sine…

Continue ReadingNew tangible material is mandatory though only intimation u/s 143(1) was sent to Tata Trust; HC quashes reassessment

HC quashed reassessment completed without considering response submitted by assessee with respect to reason to believe

INCOME TAX : Where AO issued reopening notice on ground that petitioner entered into a transaction amouting to Rs. 45 lakhs, however revenue in its counter affidavit did not respond…

Continue ReadingHC quashed reassessment completed without considering response submitted by assessee with respect to reason to believe

Writ couldn’t be entertained if statutory authority yet to conclude reassessment proceedings: HC

INCOME TAX : Where assessee by way of writ petition challenged order passed under section 148A(d) along with notice issued under section 148 on ground that response filed by assessee…

Continue ReadingWrit couldn’t be entertained if statutory authority yet to conclude reassessment proceedings: HC

No abuse of dominance by PSWC in not hiking rent payable to godown owners despite increase in storage charge: CCI

COMPETITION LAW : Not paying annual increases in rent increasing to private godown owners is not abuse of dominance by PSWCCOMPETITION LAW : Not paying annual increases in rent increasing…

Continue ReadingNo abuse of dominance by PSWC in not hiking rent payable to godown owners despite increase in storage charge: CCI

Trust can’t be treated as AOP if order canceling its registration was set-aside by ITAT: HC

INCOME TAX : Where registration granted to assessee under section 12AA was cancelled by Commissioner and said order of cancellation of registration was set aside by Tribunal, assessee to be…

Continue ReadingTrust can’t be treated as AOP if order canceling its registration was set-aside by ITAT: HC