Delhi High Court Distinguishes From SC's Sky Light Judgment, Declines Assessment Issued In Wrong Name After Entity's Merger
2 months, 2 weeks ago

Delhi High Court Distinguishes From SC's Sky Light Judgment, Declines Assessment Issued In Wrong Name After Entity's Merger

Live Law  

The Delhi High Court on Friday declined the Income Tax Department's appeal to treat as 'curable', the error committed in naming the relevant entity while issuing reassessment notices. A division bench of Justices Yashwant Varma and Dharmesh Sharma refused to grant the benefit which the Supreme Court had given to the Department in Sky Light Hospitality LLP v. Assistant commissioner of Income-tax. The High Court at the outset cited the Supreme Court's decision in Principal Commissioner of Income Tax, New Delhi v. Maruti Suzuki Limited where an order being framed in the name of a non-existent entity was held to be a fatal flaw which could neither be corrected nor rectified by taking recourse to Section 292B of the Act. However, and as the Supreme Court explained in Maruti Suzuki, the making of an order of assessment which is inherently flawed or suffering from a patent illegality, and which would include a case where the order is drawn in the name of a non-existent entity, cannot be saved or rescued,” Court held and dismissed Department's appeal.

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History of this topic

AO Duty Bound To Dispose Of Assessee's Written Objections To Proposed Re-Assessment By Passing Speaking Order: Calcutta High Court
1 month, 3 weeks ago

AO Duty Bound To Dispose Of Assessee's Written Objections To Proposed Re-Assessment By Passing Speaking Order: Calcutta High Court

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The Calcutta High Court recently upheld an ITAT order deleting the addition of over ₹4 crore made to the income of an assessee under the Income Tax Act, 1961 in reassessment action. It observed, “The duty cast upon the assessing officer is to decide the written objections given by the assessee to the proposed reopening and passing a speaking order …

Tax Weekly Round-Up: December 09 - December 15, 2024
3 months, 2 weeks ago

Tax Weekly Round-Up: December 09 - December 15, 2024

Live Law  

HIGH COURTS Allahabad HC Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court Case Title: M/s Laxmi Telecom v. State of U.P. Form 26B Under Income Tax Rules Not Required For Refund Once Form 5 Under 'Vivad Se Vishwas' Act Is Issued: Allahabad High Court Case Title: Dish TV India Limited v. …

Assessee Can Confine Settlement Under Direct Tax Vivad Se Vishwas Act To Disputes Which Were Subject Matter Of Its Appeal: Delhi HC
Trending News
3 months, 2 weeks ago

Assessee Can Confine Settlement Under Direct Tax Vivad Se Vishwas Act To Disputes Which Were Subject Matter Of Its Appeal: Delhi HC

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The Delhi High Court has held that under the Direct Tax Vivad Se Vishwas Act, 2020, an Assessee is entitled to confine the settlement of disputes which were subject matter of its appeal, and exclude the disputes which were subject matter of the Revenue's appeal for the same assessment year. It thus allowed a real estate company's plea against the …

Direct Tax Weekly Round-Up: 21 To 27 July 2024
8 months ago

Direct Tax Weekly Round-Up: 21 To 27 July 2024

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Supreme Court State Not Liable To Collect Tax At Source While Giving Contractors Permit To Vend Liquor At Fixed Retail Price : Supreme Court Case Details : THE EXCISE COMMISSIONER KARNATAKA & ANR. Services Provided Outside To Indian Customers In Connection With Right To Use Of Process Can't Be Taxed : Delhi High Court Case Title: The Commissioner Of Income …

Reopening Of Income Tax Assessments : Supreme Court Refuses To Interfere With Delhi High Court's Guidelines To Tax Dept
1 year, 1 month ago

Reopening Of Income Tax Assessments : Supreme Court Refuses To Interfere With Delhi High Court's Guidelines To Tax Dept

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The Supreme Court has refused to interfere with a 2017 Delhi High Court judgment which issued a set of guidelines to the Income Tax Department regarding the reopening of assessments.A bench comprising Justice PS Narasimha and Justice Aravind Kumar dismissed a Special Leave Petition filed by the Income Tax Department in 2018 against the 2017 High Court verdict.The Delhi High …

Supreme Court deals a blow to firm associated with Robert Vadra in Income Tax evasion case
6 years, 11 months ago

Supreme Court deals a blow to firm associated with Robert Vadra in Income Tax evasion case

Op India  

The Supreme Court on Friday dismissed a petition filed by Delhi based hospitality firm – Sky Light Hospitality LLP, where it challenged an Income Tax notice which sought the reassessment of its land deal profits in Haryana and Rajasthan for the year 2010-2011. As per the Income Tax department’s tax evasion report, which was tabled before the Delhi High Court, …

Delhi HC Refuses To Quash I-T Re-Assessment Notice Issued To Robert Vadra's Firm [Read Judgment]
7 years, 1 month ago

Delhi HC Refuses To Quash I-T Re-Assessment Notice Issued To Robert Vadra's Firm [Read Judgment]

Live Law  

The Delhi High Court has refused to set aside the re-assessment notice issued by the Income Tax Department to Sky Light Hospitality, in which Robert Vadra is a partner, in connection with the DLF- Sky Light Hospitality land deal.Sky Light had challenged the notice contending that it was now a limited liability partnership and that the impugned notice was, in …

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