Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights February 2019 Year 2019 This

Assessment u/s 153A - TAT remanded the back relying upon the ...


Tribunal Remands Case u/s 153A; Appeal Dismissed Due to Lack of Substantial Legal Question.

February 9, 2019

Case Laws     Income Tax     HC

Assessment u/s 153A - TAT remanded the back relying upon the decision in Lancy’s case [2016 (2) TMI 797 - KARNATAKA HIGH COURT] - The appeal was dismissed, as being bereft of any substantial question of law. Therefore, the judgment reported in Lancy’s case cannot be said to be applicable in law or that it is binding for any reason whatsoever.

View Source

 


 

You may also like:

  1. The High Court dismissed the appeal filed by the assessing officer against the order of the Income Tax Appellate Tribunal, holding that no substantial question of law...

  2. The Tribunal set aside the disallowance of short-term loss claimed by the assessee in the Profit and Loss Account, holding that the shares were acquired under a normal...

  3. HC determined the ITAT's decision to remand the matter to CIT(A) was improper when the issue was purely legal under Rule 27. Given ITAT had acknowledged the legal nature...

  4. Validity of reopening of assessment - Approval of PCIT u/s 151 - The Tribunal acknowledged the Assessee's argument regarding the mechanical approval granted by the PCIT....

  5. Adjudication of a customs duty dispute involving the import of cars and the determination of the 'transaction value' u/s 14 of the Customs Act, 1962. The key points are:...

  6. Jurisdiction of civil court u/s 34 of SARFAESI Act was in question. Suit for declaration and permanent prohibitory injunction was rejected by lower courts under Order...

  7. Revision u/s 263 challenged for lack of proper inquiry by Assessing Officer regarding cash deposits during demonetization, scrap sales, and non-submission of audit...

  8. Deduction u/s 80IA - The Revenue contended that the filing of Form 10CCB within the prescribed date is mandatory, while the assessee argued otherwise. The Tribunal,...

  9. The Appellate Tribunal considered the validity of assessment proceedings under Sec 153A where the approval process under Sec 153D was not followed by the Assessing...

  10. Seizure of goods as smuggled into the country from Myanmar u/s 130 of the Customs Act, 1962. The burden of proof lies on the respondent u/s 123 to show that the seized...

  11. Validity of order passed u/s 153C read with Section 143(3) - whether question of law can directly be raised before High Court without being averred or pleaded before...

  12. The Appellate Tribunal considered the validity of physical/manual filing of appeal u/s the Income Tax Rules. Assessee argued inability to e-file due to lack of...

  13. The Appellate Tribunal found that the issue of jurisdiction to initiate proceedings is fundamental and must be addressed first before examining the merits. The order...

  14. Assessment proceedings against one of the legal heirs - deceased/assessee had admittedly more than one legal representatives - Despite the legal heir's explicit...

  15. The case involved an appeal dismissed due to the absence of a Board Resolution copy from the authorized signatory filing the appeal. The Appellate Tribunal held that as...

 

Quick Updates:Latest Updates