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568 orders · Page 2 of 12
The High Court dismissed the appeal filed by the revenue on the ground of low tax effect, as conceded by the revenue's counsel and not disputed by the assessee's counsel. The Court noted that the substantial questions of law, which had been framed by the Court earlier on January 24, 2012, were left open. The operative direction was the dismissal of the appeal.
The High Court held that the appeal could not be pursued by the Revenue due to the low tax effect, as stipulated by the CBDT circular. Consequently, the appeal was dismissed on this ground. The Court noted that the substantial questions of law, which had been previously framed, were left open and not decided on merits. The operative direction was the dismissal of the appeal.
The High Court dismissed the appeal filed by the revenue. The decision was based solely on the submission made by the revenue's counsel regarding the low tax effect, which fell below the threshold limit stipulated by the CBDT circular. The court noted that in view of this submission, the revenue could not pursue the appeal further. Therefore, the appeal was dismissed on the ground of low tax effect. The substantial questions of law, which had been previously framed by the Court, were expressly left open and not decided on merits.
The High Court upheld the ITAT's decision, finding that the CSR expenses were a contractual obligation under the National Coal Wage Agreement and supported by the company's CSR policy and annual reports. The court considered these expenses as part of business expenditure.
The High Court held that while the existence of an alternate remedy is a factor to be considered, it does not operate as an absolute bar to the exercise of writ jurisdiction under Article 226 of the Constitution. The Court referred to the Supreme Court's decision in M/s. Radha Krishan Industries Vs. State of Himachal Pradesh & Ors., which outlines exceptions to the rule of alternate remedy, including violations of the principles of natural justice. The Court found that the assessing officer had failed to comply with Section 144B(1)(xii)(b) of the Act by not issuing a show cause notice proposing variations prejudicial to the assessee before passing the assessment order. This failure was considered a violation of natural justice and a mandatory statutory procedure. Consequently, the assessment order was deemed non-est. The appeal was allowed, the order of the writ petition was set aside, and the writ petition was allowed, setting aside the assessment order dated September 8, 2022. The matter was remanded to the assessing officer for fresh decision, with a direction to issue a show cause notice under Section 144B(1)(xii)(b) and grant the assessee reasonable time to file objections. Penalty proceedings initiated as a consequence were also set aside.
The Tribunal held that the Assessing Officer had conducted an elaborate inquiry and that the PCIT erred in assuming jurisdiction under Section 263. The Tribunal also found that accepting the PCIT's view would be prejudicial to the revenue.
The Tribunal held that the Assessing Officer lacked jurisdiction as his authority was divested by an order under Section 127(2) of the Act prior to passing the order under Section 263. The High Court agreed with this finding.
The High Court followed the Supreme Court's decision in Abhisar Buildwell, holding that assessments under Section 153A can only be made if incriminating material is unearthed during a search. In the absence of such material, completed assessments cannot be disturbed, though reassessment under Sections 147/148 is permissible.
The High Court found no substantial question of law arising from the ITAT's order. The Tribunal had correctly examined the facts and legal precedents before allowing the assessee's appeal.
The Tribunal correctly followed its previous decision for an earlier assessment year, as the facts were not materially different. The revenue failed to demonstrate any substantial question of law arising from the Tribunal's findings.
The High Court condoned the delay in filing the appeal due to the developments. However, the court did not decide the substantial questions of law, leaving them open.
The High Court found no substantial question of law arose as the ITAT order was based on factual appreciation. The court was not inclined to interfere with the Tribunal's decision.
The High Court held that the writ petitioner should have responded to the show cause notice instead of filing a writ petition. The issue of limitation, which was not pleaded, should be decided by the Estate Manager.
The High Court dismissed the appeal filed by the revenue on the ground of low tax effect. The Court noted that the tax effect was below the threshold limit stipulated by the CBDT Circular, which precluded the revenue from pursuing the appeal further. Consequently, the substantial question of law framed at the time of admission was left open and not decided on merits. No operative directions were issued regarding the ITAT's order or the assessee's claim of capital gain.
The High Court dismissed the appeal filed by the revenue. The primary reason for dismissal was the low tax effect, which was found to be much less than the threshold limit fixed by the CBDT in its circular. Consequently, the revenue could not pursue the appeal. The Court explicitly stated that the substantial question of law, which had been admitted for consideration, was left open and not decided on merits. Therefore, no finding was rendered on the perversity of the ITAT's conclusion regarding the undisclosed income.
The High Court held that the substantial questions of law raised by the revenue were factual in nature and that the revenue was not aggrieved by the ITAT's decision to quash proceedings on the ground of defective reopening.
The High Court held that the ITAT's clarification in the miscellaneous application order indicated that profit estimation should apply to the entire turnover. Therefore, the Assessing Officer's interpretation of applying it only to disclosed income was incorrect.
The Court allowed the application, holding that the assessment order and all consequential proceedings are permanently extinguished. This is because the approved resolution plan under the IBC freezes all claims, allowing the resolution applicant to start on a clean slate.
The High Court dismissed the appeal filed by the Revenue on the ground of low tax effect. The Court noted that the total taxable income computed in the assessment order was only Rs. 31,110/-, which was below the threshold limit fixed by the CBDT for pursuing appeals. Consequently, the Revenue was disentitled from proceeding with the appeal. The substantial question of law framed at the time of admission of the appeal was left open and not decided on merits. No operative directions were issued as the appeal was dismissed on a procedural ground.
The High Court held that the scope of assessment under Section 153A is governed by the Supreme Court's decision in Principal Commissioner of Income Tax, Central-3 vs. Abhisar Buildwell [P] Ltd. In the absence of incriminating material found during a search, the Assessing Officer cannot assess or reassess completed assessments under Section 153A.
The High Court dismissed the revenue's appeal due to low tax effect on both substantial questions of law raised. The court left the substantial questions of law open for future consideration.
The High Court condoned the delay and dismissed the appeal. It held that since the assessment order on which the penalty was based was upheld, the penalty could not survive. Additionally, a defective notice under Section 274 was a ground for cancellation.
The tribunal held that the resolution plan's exemption from transfer charges was binding, making ADDA's demand unsustainable. Consequently, ADDA was directed to refund the collected transfer fee, and the writ petitioner was awarded interest on the deposited amount.
The High Court found no substantial question of law arising from the ITAT's order, which had affirmed the CIT(A)'s decision. The Tribunal had re-examined facts and found the share application transactions to be genuine.
The High Court found that the ITAT had examined the factual position and correctly identified a defect in the notice issued under Section 274 of the Act. Therefore, no substantial question of law arose.
The tribunal held that the re-assessment order passed ex-parte in the name of a deceased person, without considering the appellant's representation, was unsustainable in law.
The High Court held that the ITAT rightly allowed the assessee's appeal and set aside the penalty. This was due to a defective notice issued under Section 274, which failed to specify the charge for concealment or inaccurate particulars of income.
The High Court held that the Revenue could not independently pursue the present appeal as it was similar to a previously dismissed appeal. Furthermore, one of the substantial questions of law raised was not even part of the prior appeal.
The High Court condoned the delay and allowed the Revenue's appeal. It held that the ITAT erred in cancelling the disallowance of LTCG by relying on a coordinate bench decision which was later overturned by the High Court in a similar case.
The Tribunal rightly granted relief to the assessee because the show cause notice under Section 274 was defective. Such a defect is incurable as it affects the root of the matter.
The Tribunal erred in reversing the CIT(A)'s order. The assessee's intention to hold shares as investment, evidenced by maintaining a separate investment account and the nature of transactions, supported treating the gains as capital gains.
The High Court held that the Tribunal erred in reversing the CIT(A)'s order. The Court emphasized that the intention behind acquiring shares, maintaining separate accounts for investments, and considering various factors are crucial in determining whether gains are capital or business income.
The court disposed of the appeal as the revenue could not pursue it further due to the moratorium imposed under the Insolvency & Bankruptcy Code. The substantial questions of law were left open.
The High Court found that the factual position had been thoroughly analyzed by the lower authorities. The appeal of the assessee was dismissed as there were no grounds to interfere with the Tribunal's order.
The appeal was disposed of on the ground that the appellant does not seek to proceed with the matter. Consequently, the substantial questions of law were left open. The Tribunal's decision on the merits of whether the assessee's objects constituted a "charitable purpose" and its entitlement to registration under Section 12A, as well as the binding force of the prior remand order, were not adjudicated upon by the High Court. No specific findings were made on the issues raised, and no operative directions were issued beyond disposing of the appeal as per the appellant's request.
The Tribunal held that the impugned order under Section 148A(d) of the Income Tax Act, 1961, and the subsequent corrigendum dated July 27, 2022, were not tenable in law. The primary reason for this decision was that the orders were passed against a deceased person, which is an admitted fact on record. The Tribunal noted that the noticee had expired on May 10, 2022, and this information was brought to the assessing officer's attention during the reassessment proceedings. The revenue's representative could not refute this position. Consequently, the writ petition was disposed of by quashing the impugned order. However, the Tribunal clarified that this quashing would not prevent the assessing officer from initiating fresh proceedings in accordance with the law if deemed necessary in the future.
The High Court condoned the delay in filing the appeal. For the first substantial question of law, the court followed its own previous decision in the assessee's own case, answering it against the revenue. For the second question, the court found it to be purely factual and not raising a substantial question of law.
The Tribunal set aside the PCIT's order, finding that the PCIT failed to provide the assessee with an adequate opportunity to be heard on the grounds for revision. The Tribunal emphasized the violation of natural justice principles.
The High Court condoned the delay in filing the appeal, finding it to be covered by the lockdown period. Following a precedent in an identical case, the Court allowed the Revenue's appeal, answering the substantial questions of law in its favor.
The Tribunal's disallowance under Section 14A was not justified, as proportionate disallowance of interest is not warranted when interest-free own funds exceed investments yielding tax-free dividends. The appeal was allowed following the Supreme Court's decision in South Indian Bank Ltd.
The tribunal held that the arbitrator's representation of an affiliate of a party during the pendency of the arbitration, without full disclosure, created a reasonable likelihood of bias. Therefore, the award was set aside.
The Tribunal was justified in deleting the additions as excise duty refund, when granted under exemption notifications, does not form part of the net profit for Section 80-IC purposes. This is supported by Supreme Court decisions.
The High Court condoned the delay in filing the appeal, citing a previous decision on a similar issue and CBDT circulars. Following another High Court judgment on an identical issue, the Revenue's appeal was allowed.
The High Court held that assessment under Section 153A is permissible only if incriminating material is found during a search or requisition. In the absence of such material, completed assessments cannot be reassessed under Section 153A, though powers under Sections 147/148 are saved.
The High Court followed a previous decision in an identical case and allowed the revenue's appeal. The substantial questions of law were answered in favor of the revenue.
The High Court found no error in the ITAT's finding that the Assessing Officer's order was perverse. The tribunal had also confirmed the genuineness of share applicants, their substantial assets, income, and activities.
The High Court held that a writ petition is not maintainable when the petitioner has a statutory remedy available. The Court observed that the impugned order was passed after observing the required legal formalities, including issuing a notice under Section 148A(b) and providing an opportunity for hearing. If the petitioner is dissatisfied with the reasoning or merit of the order passed under Section 148A(d), they can raise these grievances during the proceedings under Section 148 of the Income Tax Act, 1961. The Court relied on the Supreme Court's view in the case of Anshul Jain vs. Principal Commissioner of Income Tax & Anr. dated September 2, 2022. Consequently, the writ petition was dismissed.
The Tribunal modified the compensation awarded by the Motor Accident Claims Tribunal, enhancing the amount based on future prospects, income, and general damages. The Insurance Company was directed to deposit the balance amount.
The High Court found no substantial question of law arising from the ITAT's order. Since the matter was remanded to the Assessing Officer for reconsideration, it was deemed appropriate to allow the AO to consider all points.