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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN
Arvind Kumar R. Shaw – Appellant
Versus
Union of India, Represented by its Secretary Ministry of Finance, Department of Revenue – Respondent
| Table of Content |
|---|
| 1. assessment order specifics and capital gains definition. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's complaint about the car sale. (Para 10 , 14 , 15) |
| 3. arguments regarding the sale and ownership. (Para 16 , 17 , 18) |
| 4. legal definitions and sections of income tax act. (Para 20 , 21 , 22 , 25) |
| 5. validity of car sale and importance of document transfer. (Para 31 , 33 , 34 , 39) |
| 6. writ petition conclusion and orders. (Para 40 , 41 , 42 , 43 , 44) |
ORDER :
In this Writ Petition, the petitioner has challenged the Order dated 07.03.2024 passed under Section 250 of the Income Tax Act, 1961 , whereby the appeal filed against the impugned Assessment Order dated 29.12.2021 passed under Section 143 (3) read with Section 153C of the by the 3rd respondent has been dismissed by the 2nd respondent.
3. While passing the impugned Assessment Order dated 29.12.2021, the 3rd respondent concluded that there has been a sale of Rolls Royce Car bearing Registration No. DL-3C-AY-4199 and that petitioner had received a sum of Rs.2,44,00,000 as sale consideration on 29.09.2017. Further, it has been held that since the car was purchased on 14.03.2015 for a sum of Rs.1,45,00,000/- and sold f
Delivery of possession and associated documentation signifies a sale under the Income Tax Act, despite claims of retained ownership, underlining the necessity for procedural adherence in asset transf....
In case where the accused disputes that he is not involved in the alleged incident and no article was found from him then such endorsement be taken on the photograph.
The court upheld that the absence of documented evidence for a claimed gift invalidated the respondent's assertion, allowing the appellant to regain possession of the car.
Unauthorized detention of a vehicle under the Motor Vehicles Act and the liability of the State for high-handed actions of RTO officers
Ownership determination of seized property must await trial completion, and zimma petitions cannot be granted without conclusive evidence of ownership.
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