Nu-Tech Corporate Services Ltd vs. ITO (Bombay High
Court)
Severe strictures issued against
DCIT for illegal tax recovery. DCIT directed to pay costs of Rs. 1.50 lakh from
salary to the assessee. Dept directed to make entry of lapse & error in the
Annual Confidential Report of the AO. Strictures also passed against DCIT for
overreaching authority & power by not allowing Dept's Counsel to argue.
Such conduct of DCIT does not enhance the image and reputation of Dept
If we allow such oral routine
explanation to be tendered and accepted, we do not think that the state of
affairs will ever improve. The superiors in the hierarchy have never bothered
as to whether the discipline demanded from these officers is indeed in place.
Though there is lack of discipline and there is gross insubordination, still,
the acts of omission and commission are overlooked
Etiam Emedia Limited vs. ITO (Madhya Pradesh High
Court)
S. 147 Reopening to assess Bogus
share capital: Law explained whether allegation that assessee is a dummy
concern used to route unaccounted money by way of bogus share application money
is sufficient to reopen assessment (all imp judgements referred)
The respondents have stated that
there are large number of dummy/bogus/shell/briefcase/paper entities including
the petitioner/company in the group, which is being managed and controlled by
Shri Anand Bangur for the purposes of routing unaccounted money and the
department with great difficulties and after examining huge evidence, has
arrived at a conclusion to initiate the proceedings against the petitioner and
it is not a case where some unilateral action has been taken against the
petitioner, it is a case where petitioner will receive every opportunity to
defend himself and the entire mechanism has been provided under the Income Tax
Act, 1961 and the respondents have prayed for dismissal of the writ petition.
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