Category: High Courts
Reopening notice u/s 148A quashed as assessee’s reply was not visible on e-filing portal due to technical glitch In a recent judgment the Hon’ble High Court has quashed the reopening notice issued u/s 148A of the Income Tax Act, 1961 (the Act). as assessee’s reply was not visible …
Escapement of income u/s 147 has to be established with concrete information under amended Act– High Court In a recent judgment Hon’ble High Court has made an extensive comparison of the amended provisions of income tax act 1961 with respect to escapement of income and held that under …
New allegation added in order passed u/s 148A(d) not present in show cause notice u/s 148A. High Court declines interference. In a recent judgment, Allahabad High Court has declined to entertain a Petition challenging addition of a new allegation in order passed u/s 148A(d) in reassessment proceedings. ABCAUS …
Allegation of Paper Companies without further facts insufficient to reopen assessments – SLP dismissed by Supreme Court. High Court laid down guidelines for reopening of assessments u/s 147 and 148 Recently the Supreme Court dismissed the SLP filed by the Income Tax Department against the judgment of the …
High Court declines interference under writ jurisdiction at conclusion stage of re-assessment proceedings. In a recent order, the Hon’ble Allahabad High Court has declined interference under writ jurisdiction at conclusion stage of re-assessment proceedings. ABCAUS Case Law Citation:ABCAUS 3857 (2024) (02) HC In the instant case, the assessee …
Seizure of goods for want of e-way bill when due to break down, goods loaded on another vehicle. Burden of proof falls squarely on tax authorities to demonstrate genuine intent to evade tax before penalizing- High Court quashes penalty imposed ABCAUS Case Law Citation:ABCAUS 3849 (2024) (01) HC …
CIC has no power to direct disclosure of PM CARES Fund information covered under Income Tax Act as ITD treats it a third party not authority. In a recent judgment, the High Court has held that PM CARES Fund is a third party not an authority in the …
GST search and seizure u/s 67 held illegal as reasons for carrying out the search was provided to the Joint Commissioner next day – High Court ABCAUS Case Law Citation:ABCAUS 3831 (2024) (01) HC In the instant case, the Petitioner dealer had moved the writ petition under Article …
CIT has no power to grant extension to submit Special Tax Audit Report u/s 142(2A), it is vested with Assessing Officer (AO) – High Court ABCAUS Case Law Citation:ABCAUS 3830 (2024) (01) HC Important Case Laws relied upon by parties:Yum Restaurant v CIT, (2005) SCCOnline Del 555State …
No Capital gain deduction u/s 54B for agricultural land purchased in the name of wife – High Court Exemption under Section 54B of the Income Tax Act, 1961 cannot be allowed to assessee if land is purchased in the name of spouse ABCAUS Case Law Citation:ABCAUS 3829 (2023) …