Friday, 21 August 2015

Income Tax Case Laws



2.High Court has inherent power to review its own judgment, says Supreme Court

3. Penalty couldn't be imposed more than once for same default of not complying with sec. 143(2)

4. Compounding fee paid to Municipal Corporation is in nature of penalty; disallowable

5. Govt. notifies backward areas of Bihar to provide tax incentives for setting-up of industrial units



In Detailed

2. High Court has inherent power to review its own judgment, says Supreme Court
August 19, 2015[2015] 60 taxmann.com 260 (SC)
IT : Application of Code of Civil Procedure to appeals to High Court is not in any way restricted or curtailed by section 260A(7). Section 260A(7) only states that all the provisions that would apply qua appeals in the Code of Civil Procedure would apply to appeals under Section 260A. That does not in any manner suggest either that the other provisions of the Code of Civil Procedure are necessarily excluded or that the High Court's inherent jurisdiction is in any manner affected. High Courts being Courts of Record under Art. 215 of the Constitution of India, the power of review would in fact inhere in them
 [2015] 60 taxmann.com 260 (SC)
SUPREME COURT OF INDIA
Commissioner of Income-tax, Guwahati-I v. Meghalaya Steels Ltd.
3. Penalty couldn't be imposed more than once for same default of not complying with sec. 143(2)
iT: Penalty under section 271(1)(b) cannot be imposed for each and every notice issued under section 143(2), which remained not complied with on part of assessee, but it should be restricted to first default only
 [2015] 60 taxmann.com 131 (Delhi - Trib.)
IN THE ITAT DELHI BENCH 'F'
Smt. Rekha Rani v. Deputy Commissioner of Income-tax, Central Circle-8, New Delhi*
4. Compounding fee paid to Municipal Corporation is in nature of penalty; disallowable
[2015] 60 taxmann.com 54 (Pune - Trib.)
IN THE ITAT PUNE BENCH 'B'
Modi Builders v. Joint Commissioner of Income-tax, Range-5, Pune*

5. Govt. notifies backward areas of Bihar to provide tax incentives for setting-up of industrial units
August 18, 2015
SECTION 32, READ WITH SECTION 32AD, OF THE INCOME-TAX ACT, 1961 - DEPRECIATION - NOTIFIED BACKWARD AREAS IN SPECIFIED DISTRICTS OF STATE OF BIHAR UNDER FIRST PROVISO TO SECTION 32(1)(iia) AND SECTION 32AD(1)
NOTIFICATION NO.71/2015 [F.NO.142/13/2015-TPL], DATED 17-8-2015
In exercise of the powers conferred by section 52 and section 32AD of the Income-tax Act, (43 of 1961) the Central Government herein notifies the following districts of the State of Bihar as backward areas under the first proviso to clause (iia) of sub-section (1) of section 32 and sub-section (1) of section 32AD, namely:—
1.

Patna
2.

Nalanda
3.

Bhojpur
4.

Rohtas
5.

Kaimur
6.

Gaya
7.

Jehanabad
8.

Aurangabad
9.

Nawada
10.

Vaishali
11.

Sheohar
12.

Samastipur
13.

Darbhanga
14.

Madhubani
15.

Purnea
16.

Katihar
17.

Araria
18.

Jamui
19.

Lakhisarai
20.

Supaul
21.

Muzaffarpur.
2. This notification shall come into force on the date of its publication in the Official Gazette.