Income Tax Judgements

THIS is a rare case where the assessee lost consistently at all stages from AO, through, Commissioner (Appeals), ITAT, High Court and now the Supreme Court. For the assessment year 1992-93, the assessee appellant had claimed deduction under

Block assessment - notice u/s 158BC(a) cannot be equated with that of notice u/s 148; Defects in notice protected under umbrella of Sec 292B : Bombay HC

Held by the Hon`ble Bench that, the scope of section 147 of Income-tax Act, is not for reversing the earlier order suo motu. Therefore reassessment is not permissible on the basis of change of opinion.

Can double benefits u/s 10B and Sec 80HHC be allowed on exports of same goods? - Can Revenue deny Sec 80HHC benefits if exports are made from third country? - Tribunal says YES in first case and NO in second

Need for notice u/s 143(2) cannot be dispensed with in a case where AO proceeds to make inquiry for assessment, and determination of taxes payable after issuing notice u/s 143(1) as well : ITAT

Held by the Hon`ble Court that, nothing was produced before Tribunal and Court, therefore A.O. relied on some non existent material and the addition made by him is set aside

Section 260A of the Income-tax Act, 1961 – High Court – Appeal to – Assessee purchased certain land at a consideration as shown in sale deed executed therefor – Subsequently, certain notes on loose sheets allegedly written by assessee were found and

Section 80HHC of the Income-tax Act, 1961 - Deductions - Exporters - Assessment year 1992-93 - Whether term ‘profit’ in section 80HHC both in sub-section (1) and in sub-section (3) means a positive profit worked out after taking into consideration lo

Section 41(1) of the Income-tax Act, 1961 - Remission or cessation of trading liability - Assessment year 1984-85 - Whether an unilateral entry on part of assessee-debtor to write back amount of liability lying unclaimed on ground of limi

Rule 3 of the Income-tax Rules, 1962 read with section 88 of the Income-tax Act, 1961 - Valuation of perquisites - Assessment years 2004-05 and 2005-06 - Assessee, a public school was providing free educational facilities to children of its employee