CIT(A) has inherent power to Grant Stay : P&H HC

The Hon’ble Punjab & Haryana High Court in a landmark judgement has laid down that CIT(A) has power to Grant stay of demand. In this case, even the demand had already been recovered from the appellant. But still the court went on to hold so. While disposing off this issue, the Court relied upon the…

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Kar HC overrules ITAT SB decision in All Cargo Logistics on s. 153A

The Hon’ble Karnataka HC holds that : 1. CIT cannot invoke revisional powers u/s 263 to review AO’s order once proceedings u/s 153A are initiated. 2. AO is entrusted with duty of bringing “total income” to tax u/s 153A by making reassessments even, means there can be only one assessment order in which both disclosed…

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AP HC holds Interest on Tax also covered u/s 43B

In a recent decision dated 02.07.2014, the Hon’ble Andhra Pradesh High Court has held that Interest on any tax levied under any statute is also covered u/s 43B and has to be paid before the specified date. While disposing off the case, the court distinguished the judgement of Hon’ble SC rendered in the case of…

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Delhi HC holds that by virtue of Sec 160(1)(i), expression “representative assessee” has to be seen “in respect of the income of a non-resident”

Hon’ble Delhi HC allows assessee’s writ, quashes notice u/s 163(2) and subsequent proceedings holding assessee company as ‘representative assessee’ of its former employee for AY 2003-04; Employee filed return in India for said year in capacity of ‘Resident & Ordinarily Resident’; Assessee-company cannot be treated as ‘representative assessee’ of employee based on subsequent change in…

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