2021-TIOL-1213-HC-AHM-IT
Garvit Diamonds Pvt Ltd Vs ITO
Whether failure on part of taxpayer to disclose fully & truly material facts, calls for reopening of assessment - YES: HC
Whether when AO has verified third party information and after application of mind and upon due satisfaction, formed an opinion regarding escaped income, then there is no infirmity in reopening - YES: HC
- Assessee's writ application dismissed: GUJARAT HIGH COURT
2021-TIOL-1212-HC-AHM-IT
Bhanuben Mansukhlal Khimashia Vs ITO
Whether when there is live link between material which suggested escapement of income and information of belief, then AO is justified in initiating proceedings u/s 147 - YES: HC Whether when AO has cause or jurisdiction to suppose that income has escaped assessment, he can be said to have reason to believe that income has escaped assessment - YES: HC Whether the expression 'reason to believe' can be read to mean that AO should have finally ascertained the fact by legal evidence or conclusion - NO: HC
Whether at the stage of issuing reopening notice, the writ court cannot investigate into adequacy or sufficiency of the reasons - YES: HC
- Assessee's writ application dismissed: GUJARAT HIGH COURT
2021-TIOL-1208-HC-DEL-IT
Clh Gaseous Fuel Applications Pvt Ltd Vs National E-Assessment Centre
In writ, the High Court directs that notice be issued to the parties concerned. The Court also permits 6 weeks' time to the Revenue to file counter affidavit. The Court directs that the matter be listed for hearing on 25.08.2021.
- Notice issued: DELHI HIGH COURT
2021-TIOL-1207-HC-AHM-IT
Ashish Bohra Vs ITO
Whether re-opening of assessment is sustainable where the AO does not dispose off the objections raised by the assessee against such proceedings - NO: HC
- Assessee's writ petition partly allowed: GUJARAT HIGH COURT
2021-TIOL-1206-HC-MAD-IT
Magick Woods Exports Pvt Ltd Vs Additional/Joint/Deputy/ACIT
Whether an assessment order is sustainable where it is passed without considering the assessee's request for adjournment, which is in violation of the principles of natural justice - NO: HC
- Writ petition allowed: MADRAS HIGH COURT
2021-TIOL-851-ITAT-MUM
Madhav Engineers Pvt Ltd Vs DCIT
Whether withdrawal of claim for weighted deduction u/s 35, in a bid to purchase peace with the Department & to avoid vexatious litigation, can be treated as an accomodation entry aimed at tax evasion - NO: ITAT
Whether in such circumstances, penalty u/s 271(1)(c) is imposable on the assessee - NO: ITAT
- Assessee's appeal allowed: MUMBAI ITAT
2021-TIOL-850-ITAT-MUM
JCIT Vs JM Baxi And Company
On appeal, the Tribunal observes that issues identical to those arising in the present AY, had been settled in favor of the assessee, vide the assessee's own case for past AYs. Hence the Tribunal disposes of the present appeal accordingly.
- Revenue's appeal dismissed: MUMBAI ITAT
2021-TIOL-849-ITAT-HYD
Midwest Granite Pvt Ltd Vs ACIT
Whether expenditure in respect of rent of office premises & office maintenance expenses incurred by a company in respect of its sister entities, merits being allowed where the sister units did not carry out any significant activities - YES: ITAT
- Assessee's appeal allowed: HYDERABAD ITAT
