Category: High Courts
Compensation received by builder for default in agreement to sell land by seller held as capital receipt as the land ultimately to be used as stock-in-trade was immobile and sterilised-HC The instant appeal was filed by the Income Tax Department (Revenue) against the order of the ITAT in …
Unrealised Interest on NPA Accounts not taxable notionally on accrual basis. AO has to follow the RBI Directions under section 45Q of RBI Act as held by Supreme Court The appellant Revenue had filed the instant appeal against the order of the Income Tax Appellate Tribunal (ITAT) in holding …
Fresh approval u/s 153D not required in remand case u/s 263 where assessment in search case was originally framed u/s 153A after approval u/s 153D of the Income Tax Act-HC The appeal was filed by the appellant assessee is against the order of Income Tax Appellate Tribunal (Tribunal/ITAT) …
Non disposal of reopening objection not make order void or non est. It is only procedure irregularity curable by remitting. High Court explains law on non-disposal of objections. The question involved in the presnt case was whether the assessment order passed by the Assessing Officer (ITO/AO) u/s 143(3) …
Personal fine imposed on PrCITs for filing frivolous appeals waived by division bench of High Court. A fine of Rs. 50000/- each was imposed on 2 PrCIT and one ACIT. The Income Tax Department (appellant) had filed an intra-Court appeal against the order passed by the Single Judge …
AO can not ask indemnity bond for future tax liability for release of seized assets u/s 132B(1)- High Court deleted the relevant paragraph of the release order. In the instant case, the petitioner assessee had challenged the part of the release order passed by the Income Tax Officer …
Conversion of limited scrutiny to complete scrutiny is question of fact. High Court dismisses the writ as petitioner had a right to appeal against the assessment order The Petitioner assessee was aggrieved by the assessment order passed u/s 144 by converting limited scrutiny to complete scrutiny. The impugned …
Damages paid for violation of agreement to sell allowed as incurred in connection with the transfer of property for computing long term capital gains-High Court The question framed by the Hon’ble High Court was as to whether the ITAT, was correct in holding that the amount paid by …
Market value of shares quoted in stock exchange can not be taken as a basis for computing capital gains under Section 48 of the Income Tax Act ABCAUS Case Law Citation: ABCAUS 2297 (2018) (04) HC Important Case Laws Cited/relied upon by the parties K.P. Verghese versus Income …
AO can not enhance assessment on an order of remand by ITAT. The Tribunal has no power to enhance assessment in appeal-High Court ABCAUS Case Law Citation: ABCAUS 2291 (2018) (04) HC The appellant assessee had filed the instant appeal was filed u/s 260A of the Income Tax …