Back
BHARGAV D. KARIA, D. N. RAY
SHAH TOBACCO TRADING CO. – Appellant
Versus
ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX – Respondent
JUDGMENT :
BHARGAV D. KARIA, J.
1. Heard learned advocate Mr. Deepak R. Shah for the petitioner and learned senior standing counsel Mr. Karan Sanghani for the respondent. Having regard to the controversy involved in this matter, which is in a narrow compass, with the consent of learned advocates for the respective parties, the matter is taken up for hearing.
2. Rule returnable forthwith. Learned advocate Mr. Sanghani waives service of notice of rule.
3. This Court passed the following order on 29.11.2021:
1.1 It is a grievance of the petitioner that the respondent has passed the order adding the receipt of loans under Sec
The court emphasized the necessity for Assessing Officers to consider all relevant documents in assessment proceedings, as failure to do so violates principles of natural justice.
Faceless assessment u/s 144B invalid without show cause notice and draft order for prejudicial variations; order quashed.
Reopening of assessment under Section 148 is impermissible if based solely on a change of opinion without new material evidence.
Reopening of assessment under the Income Tax Act based on previously scrutinized issues constitutes a mere change of opinion and is impermissible without new material.
Under S.68, creditworthiness proven by confirmations and bank statements via S.133(6); non-filing of returns insufficient without adverse verification.
Assessee discharges onus u/s 68 via bank statements, confirmations and source proof; housewife's non-ITR filing insufficient for small loan addition; partners' interest disallowance invalid if netted....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
