2021-TIOL-1267-HC-MAD-IT
EVP Estates And Properties Development Ltd Vs CIT
In writ, the High Court observes that the assessee did not even approach the Revenue authority concerned for release of the documents sought for. The Court finds that it is mandatory for the assessee to approach the authority with appropriate application. Hence the Court refuses to entertain the present petition.
- Writ petition dismissed: MADRAS HIGH COURT
2021-TIOL-1266-HC-DEL-IT
YCD Industries Vs National Faceless Assessment Centre Delhi
Whether assessment order merits being set aside where the assessee is not given an opportunity to submit its replies to the draft order-cum-show cause notice - YES: HC
- Writ petition allowed: DELHI HIGH COURT
2021-TIOL-1265-HC-AHM-IT
Rekha Dhirajlal Khimasia 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-1264-HC-AHM-IT
Jayesh Khimji Khimasiya HUF 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-1263-HC-DEL-IT
Lokesh Constructions Pvt Ltd Vs ACIT
Whether assessment order merits being set aside where the assessee is not given an opportunity to submit its replies to the draft order-cum-show cause notice - YES: HC
- Writ petition allowed: DELHI HIGH COURT
2021-TIOL-1262-HC-MAD-IT
CIT Vs Late Shri Sanjay Agarwal
On appeal, the High Court finds that the assessee seeks settlement of the matter under the Direct Tax Vivad Se Vishwas Scheme 2020. Hence it finds no reason to keep the present appeal pending. It nonetheless permits liberty to seek restoration of appeal if the application under the Scheme is rejected.
- Appeal disposed of: MADRAS HIGH COURT
2021-TIOL-899-ITAT-PUNE
Vijay Mohan Harde Vs ACIT
Whether penalty order is vitiated where the specific charge is not set out in the notice & where both parts of the penalty provision stand without striking off the inapplicable part - YES: ITAT
- Assessee's appeal allowed: PUNE ITAT
2021-TIOL-898-ITAT-HYD
Srico Projects Pvt Ltd Vs Addl. CIT
Whether provisions of Section 269SS are to be invoked, where the cash transaction in question is done to meet day-to-day emergency expenses - NO: ITAT
Whether the assessee is entitled to relief u/s 273B in such circumstances, for which the matter warrants remand - YES: ITAT
- Case remanded: HYDERABAD ITAT
2021-TIOL-897-ITAT-HYD
DCIT Vs Alexandria Science Centre Pragnapur Pvt Ltd
Whether interest expenses merit being allowed where they are incurred in respect of assets leased by the assessee-company & where income in the form of rental & maintenance charges is credited to Profit & Loss and accordingly offered to tax - YES: ITAT
- Revenue's appeal dismissed: HYDERABAD ITAT
