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• Skylight Hospitality LLP vs. ACIT (Supreme Court) Object and purpose behind Section
292-B is to ensure that technical pleas on the ground of mistake, defect or omission should
not invalidate the assessment proceedings, when no confusion or prejudice is caused due to
nonobservance of technical formalities. The object and purpose of this Section is to ensure
that…
• Ambience Hospitality Pvt. Ltd vs. DCIT (Delhi High Court) It is a manifest procedure that
before filing of the Income Tax return for the assessment year 2007-2008 by the petitioner,
the same is scrutinized, firstly, by the auditors of the company. Secondly, by the directors of
the company before endorsing their signatures on the final Balance Sheet. Therefore, it…
• Indus Best Hospitality & Realtors Pvt. Ltd vs. PCIT (ITAT Mumbai) Ld. DR also submitted
that in light of the introduction of the Explanation 2 to s.263 by the Finance Act, 2015, the
Ld. CIT had power to conduct further enquiry even in a case where inadequate enquiries
have been conducted by the Assessing Officer. (a) Crompton Greaves Ltd v. CIT…
• DCIT vs. Studio Aethletic Health & Hospitality Pvt. Ltd (ITAT Mumbai) From the above, it
is apparent that the ld. Commissioner of Income Tax (Appeals)’s reliance upon the so called
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Income Tax (Appeals) reliance upon the CBDT Circular of not obtaining confession is also
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Related Judgements
1. Indo Arya Central Transport Limited vs. CIT (Delhi High Court)
It is incumbent on the prosecution to prove that the valid sanction has been granted by the
sanctioning authority after being satisfied that a case for sanction has been made out. The
sanction order may expressly show that the sanctioning authority has perused the material
placed before it and,…
2. Pr. CIT vs. ITAT, Jindal Steel & Power (P&H High Court)
once it is accepted that proceedings for prosecution are independent of assessment and
penalty, and the Tribunal is neither the appellate nor the revisional authority in a case where
prosecution is launched, the mere fact that the decision in the appeal may have an impact on
the prosecution, in…
3. Babita Lila vs. UOI (Supreme Court)
The Parliament has unmistakably designated the Deputy Commissioner (Appeals) to be the
appellate forum from the orders as enumerated under Section 246(1) of the Act. This
however, in our view, as observed hereinabove does not detract from the recognition of this
authority to be the appellate forum before whom…
4. V. A. Haseeb and Co. (Firm) vs. CCIT (Madras High Court)
The power of compounding is exercisable when proceedings are pending. In the case on
hand, the sentence imposed on the petitioner has been suspended by the Appellate Court and
the appeal is still pending. Therefore, it has to be seen as to whether that conviction by the
Criminal Court…
5. Vikram Singh vs. UOI (Delhi High Court)
The petitioner having voluntarily agreed and undertaken to the department to pay the
compounding charges and to withdraw his appeal, ought to be directed to be bound down by
the same. It is a settlement process voluntarily invoked by the petitioner in order to escape
criminal prosecution under the…
‹ Prabhat Agarwal vs. DCIT (Delhi High Court)
Devinder Singh Gill vs. DCIT (ITAT Chandigarh) ›
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