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2016 (2) TMI 900 - ITAT DELHI The Tribunal allowed the stay petition, extending the stay for a further three months or until the appeal's disposal, following legal precedents and statutory interpretation of Section 254(2A) of the Income Tax Act. The Tribunal emphasized that delays were not attributable to the assessee and rejected Revenue's objections. The decision was pronounced on February 1, 2016, with directions for timely filing of documents and no unreasonable adjournments.
2016 (2) TMI 398 - ITAT BANGALORE The Tribunal granted an extension of the stay of recovery of outstanding demand for 180 days or until the disposal of the Assessee's appeal, whichever is earlier. The decision highlighted that financial hardship alone is not sufficient to deny the stay. The Tribunal's ruling was based on the premise that the third proviso to Section 254(2A) should be disregarded in cases where the delay in appeal disposal is not due to the Assessee, aligning with the Delhi High Court's judgment on the constitutional validity of the proviso.
2021 (4) TMI 369 - Supreme Court The SC upheld the Delhi HC's decision, declaring the third proviso to Section 254(2A) of the Income Tax Act unconstitutional. It violated Article 14 by treating assessees equally, regardless of delay responsibility. The proviso was read down, allowing stay order extensions if delays weren't attributable to the assessee, dismissing revenue's appeals.
2014 (2) TMI 1037 - DELHI HIGH COURT The High Court held that the Income Tax Appellate Tribunal (ITAT) cannot extend stay beyond 365 days from the initial order. If delays are caused by the Revenue, the Tribunal must decide the appeal within 365 days. The Revenue can agree not to take coercive action, allowing adjournments. Assessees can seek stay extensions from the High Court, which has the authority to grant them. The judgment did not address the constitutional validity of Section 254(2A) provisos, leaving it for future review. The High Court ordered prompt resolution of the specific appeals and maintained the stay on disputed demands.
2024 (3) TMI 63 - Supreme Court (LB) The SC held that automatic vacation of stay orders is not permissible under Article 142, emphasizing that interim orders should not end solely due to time lapse without hearing the affected party. High Courts retain the power to vacate or modify interim relief, and should exercise caution in granting stays to prevent undue delays. The SC referred the Asian Resurfacing decision to a larger bench for reconsideration, questioning the automatic vacation of stays after six months. Justice Mithal concurred, advocating for a pragmatic approach to avoid injustice and unnecessary judicial burden, stressing that automatic vacation should follow a decided application.
2013 (4) TMI 101 - PUNJAB AND HARYANA HIGH COURT The court held that the Circular dated 01.01.2013, mandating recovery proceedings if no stay was granted within 30 days, was illegal as it infringed on the statutory right of appeal and consideration of waiver applications. Recovery proceedings cannot commence until the waiver application is decided, provided there is no delay by the assessee. Additionally, the court read down the provision in sub-section (2A) of Section 35C, stating that the stay order shall stand vacated after 180 days, to allow the Revenue to seek vacation of stay only if the delay is caused by the assessee, preventing undue burden on the assessee for delays beyond their control.
2009 (8) TMI 86 - BOMBAY HIGH COURT The court found Section 245HA(1)(iv) and Section 245HA(3) of the Income Tax Act, 1961, inserted by the Finance Act, 2007, to be arbitrary and in violation of Article 14 of the Constitution. The court held that only applications where the delay was the fault of the applicant should abate. It directed the Settlement Commission to assess the reasons for delay and proceed accordingly, suggesting the appointment of more Benches for faster processing of pending applications.
2013 (7) TMI 72 - CALCUTTA HIGH COURT The court held that the impugned Entry Tax Act violated Article 301 and 304(b) of the Constitution of India as it restricted free trade and commerce by imposing a tax on goods entering local areas without providing compensatory benefits to taxpayers. The Act discriminated against goods imported from outside the state and lacked prior Presidential sanction as required. Consequently, the court declared the Act unconstitutional and disposed of the writ petitions accordingly.
FICCI-PRE-BUDGET-MEMORANDUM-2015-16 India's economic outlook improved in 2014-15, with GDP growth projected at 5.5-5.6%, up from below 5% in previous years. Inflation concerns eased, and the current account deficit was reduced. Export growth was steady, and foreign investment inflows increased significantly. The government introduced progressive policies to enhance the business environment, including infrastructure development, manufacturing support, and financial inclusion initiatives. The forthcoming budget aimed to boost demand and investments, with suggestions to extend investment allowances, support startups, and implement GST. The fiscal deficit was targeted to decrease, emphasizing revenue growth and efficient expenditure. The agriculture, chemicals, aviation, education, and healthcare sectors received specific recommendations for tax adjustments and policy reforms to support growth and competitiveness.
1986 (5) TMI 61 - ITAT CHANDIGARH The Tribunal upheld the AAC's decision to exclude the salary income of a partner's husband from the assessee-firm's assessment for the years 1980-81 to 1982-83. The Tribunal emphasized the husband's technical expertise in pesticides and chemicals, supported by the Webster Dictionary's definition of "profession." Citing section 64(1)(ii) exceptions for spouses with technical professional knowledge, the Tribunal found no reason to interfere, distinguishing previous case laws where facts did not align. The husband's extensive experience led to the dismissal of Revenue's appeals, confirming the exclusion of his salary from clubbing provisions.
1981 (7) TMI 94 - ITAT BOMBAY-B The Tribunal dismissed the appeal, affirming that Section 64(1)(ii) applies to both business and professional concerns, encompassing proprietary entities. The term "technical or professional qualifications" was broadly construed to involve intellectual or manual skills controlled by intellectual skill. The salary paid to the assessee's wife was disallowed as not proven to be linked to her technical or professional expertise, ensuring genuine payments to spouses for services are not penalized and preventing income diversion.
1987 (1) TMI 145 - ITAT CHANDIGARH The Tribunal upheld the AAC's decision regarding the dispute over clubbing Shri S.L. Jindal's salary with his wife's income under s. 64(1)(ii). Emphasizing Shri Jindal's pivotal role in the firm as a Civil Engineering diploma holder and his consistent independent treatment of income, the Tribunal found no grounds to interfere. Considering the unique circumstances of the firm's composition and Shri Jindal's contributions, the Tribunal affirmed the AAC's ruling, dismissing the appeals for lacking merit.
1984 (12) TMI 49 - DELHI High Court The court rejected the application under section 256(2) of the Income-tax Act due to the absence of legal questions arising from the Tribunal's order. It clarified that the questions raised did not pertain to legal issues emanating from the Tribunal's decision, ultimately upholding the dismissal without awarding costs.
2020 (7) TMI 149 - ITAT INDORE The Tribunal partly upheld the Principal Commissioner of Income Tax's (PCIT) order under Section 263 of the Income Tax Act. It confirmed the PCIT's action on issues related to high refund to TDS ratio, low net profit from large receipts, and mismatches in payments to related persons. However, it disagreed with the PCIT's decision on large other expenses and income head mismatches, as the Assessing Officer had adequately investigated these. The appeal was partly allowed, with the Tribunal finding the assessment order erroneous only in part.
2010 (3) TMI 1157 - ITAT DELHI The Tribunal upheld the CIT(A)'s decision to tax the income on an accrual basis, confirmed the existence of a Permanent Establishment (PE) in India through ANR Associates, and attributed 10% of the profit from the sale of spares to the PE in India for all assessment years. The appeals filed by the assessee were partly allowed, and those of the Revenue were dismissed.
1987 (11) TMI 109 - ITAT CALCUTTA-B The Appellate Tribunal upheld the CIT(A)'s decision to classify income from license fees as business income for the assessment year 1982-83. The Tribunal considered the commercial nature of the activities, the motive behind income generation, and the continuity of business operations despite sub-letting arrangements. The Tribunal's ruling was based on the assertion that the income derived from letting out buildings constituted commercial exploitation, falling under section 28 of the Income Tax Act. The appeal by the Revenue challenging this classification was dismissed.
1981 (2) TMI 64 - CALCUTTA High Court The case involved a dispute over the cost of acquisition of shares for computing capital gains under the Income-tax Act, 1961. The Income-tax Officer calculated the cost at Rs. 4.80 per share, while the Appellate Assistant Commissioner determined it to be Rs. 10 per share. The Tribunal upheld the AAC's decision, emphasizing that the cost of acquisition is the price paid at the time of purchase. The High Court affirmed the Tribunal's decision, ruling in favor of the assessee and ordering each party to bear its own costs.
2020 (2) TMI 113 - ITAT INDORE The Tribunal set aside the order passed under section 263 of the Income Tax Act, finding that the Assessing Officer had conducted sufficient enquiries and the Principal Commissioner of Income Tax did not demonstrate that the AO's order was erroneous or prejudicial to the revenue's interest. The appeal by the appellant was allowed.
1987 (10) TMI 88 - ITAT CALCUTTA-B The Tribunal remanded the case back to the Income Tax Officer for reassessment of the expenses claimed by the assessee. The Tribunal emphasized the necessity for the assessee company to maintain its status under the Companies Act and the connection of expenses with income earned. The orders of the CIT(A) and ITO were set aside, directing a reevaluation based on established legal principles. The appeal was treated as allowed for statistical purposes, with the matter requiring detailed reconsideration by the ITO.
1983 (6) TMI 66 - ITAT CHANDIGARH The Tribunal allowed the appeals, ruling that the cash incentives due to the assessees should not be included in their net wealth. The Tribunal emphasized that the cash incentives were not considered assets under the Wealth Tax Act, as the assessees did not have a definitive right, title, or interest in them. Additionally, the Tribunal held that the method of accounting followed by the firms, which included a cash basis for incentives, justified excluding these amounts from the net wealth until actually received. The appeals were therefore allowed in favor of the assessees.
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