PR.COMMISSIONER OF INCOMETAX-2 vs. M/S.EYGBS (INDIA) PVT LTD

Bench: CHIEF JUSTICE,C M JOSHI

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154 for any assessment year the proceedings of which have been completed before the 1st day of October

M/S SANKHLA POLYMERS (P) LTD vs. THE INCOME TAX OFFICER WARD-12(2)

In the result, the appeal relating to the assessment

Bench: D.V.SHYLENDRA KUMAR,B.SREENIVASE GOWDA

reassessing the income for the assessment year 2002-03 by issue of notice under Section 148 of the Act and tax liability had been determined as per the amendment to Section 115JB. 5 7. For the subsequent two assessment years, the assessee being fully aware of the provisions of this Section and having filed returns, they had been assessed

M/S YOKOGAWA INDIA LTD vs. THE DEPUTY COMMISSIONER

In the result, the appeal is disposed of

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

reassess complete income then it would have stated in Section 115J that ‘income of the company as accepted by the assessing officer’. It is further submitted that Section 115J makes the income reflected in the companies books of accounts as deemed income for the purposes of assessment of tax and the provisions of Minimum Alternate Tax are self contained code

THE COMMISSIONER OF INCOME TAX vs. M/S CHAITANYA PROPERTIES PVT LTD.,

The appeal is dismissed

Bench: S.SUJATHA,JAYANT PATEL

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections

COMMISSIONER OF INCOME TAX (APPEALS) vs. M/S POST & BSNL EMPLOYEES

The appeal is dismissed

Bench: N.KUMAR,RATHNAKALA

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections

THE COMMISSIONER OF INCOME TAX vs. SYNDICATE BANK

Bench: ALOK ARADHE,RAVI V HOSMANI

10A, 10B 11 or 12 of the Act? 6 3. On account of similarity of the issues involved in the substantial questions of law, they were heard analogously and are being decided by this common judgment. For the facility of reference, facts from ITA No.97/2010 are being referred to. 4. The assessee filed a return of income on 28.11.2000 declaring

PR. COMMISSIONER OF vs. M/S SASKEN

Bench: S.SUJATHA,VINEET KOTHARI

reassessment proceedings and had filed return in response to 147 notice and contested the proceedings actively and decisions relied upon by Tribunal have not been reached finality, further without taking note of section 292BB of the Act?” 3. The learned Tribunal, after discussing the rival contentions of both the Appellants-Revenue and Respondent-Assessee, has returned the findings as under

IBM INDIA PRIVATE LIMITED vs. THE ADDITIONAL COMMISSIONER OF

Bench: The Hon’Ble Mr.Justice Ram Mohan Reddy

SECTION 58 OF THE FINANCE (NO.2) ACT, 2009 WHICH INSERTED EXPLANATION 3 TO SEC. 147 WITH EFFECT FROM THE 1ST DAY OF APRIL 1989 AS ULTRA VIRES THE CONSTITUTION OF INDIA AND OTHER PROVISIONS OF THE INCOME TAX ACT, 1961; ISSUE A WRIT OF CERTIORARI OR A WRIT OF PROHIBITION TO THE 1ST RES. TO NOT REASSESS ISSUES WHICH