Category: Income Tax

At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of the Act – ITAT In a recent judgment, ITAT has held at the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to …

Flower bed area could not be included in the definition of “built up area” to calculate eligible limit of 1000 sq.ft. u/s 80IB(10).  In a recent judgment Hon’ble Supreme Court has dismissed the SLP of the Revenue against the judgment of the Hon’ble High Court that flower bed …

Unsigned document has no validity or veracity in law and cannot be a basis for levying penalty u/s 271DA – ITAT In a recent judgment, ITAT has held that an unsigned document has no validity or veracity in law and Department cannot assume assessee to have made any …

Non issuance of notice u/s 143(2) for return filed u/s 148 even though belatedly, makes the assessment framed bad in law and void ab initio – ITAT In a recent judgement, ITAT has held that if no scrutiny notice u/s 143(2) is issued in respect of return filed …

Appeal against every decision of ITAT shall lie only before the High Court within whose jurisdiction the Assessing Officer who passed the assessment order is situated In a recent judgment, the Hon’ble High Court has adhered to Hon’ble Supreme Court in holding that appeal against every decision of …

ITAT power to pass such orders “as it thinks fit” implies a judicial discretion to be exercised within the parameters of law, equity, and reason, and not an unbridled power to erect coercive financial barriers – High Court In a recent judgment, Hon’ble High Court has held that …

Mere non-deduction of TDS by the deductor on a transaction does not change the character of the transaction to make it unexplained income. In a recent judgment, ITAT has held that merely, because TDS has not been deducted on a particular transaction does not change the character of …

Can a demand notice be issued u/s 156 for non-payment of Dividend tax u/s 115-O, when as per assessment order passed u/s 143(3) there is Nil demand? Supreme Court admits Petition In a recent case, the Hon’ble Supreme Court had admitted a SLP against the judgment of the …

The issue already examined and adjudicated by the quasi-judicial authority, i.e., CIT(Appeals), cannot be reopened on the same set of facts – High Court In a recent judgment, Hon’ble High Court has held that when the very issue was already been examined and adjudicated by the quasi-judicial authority, …

One TDS is deducted, credit has to follow, failure of deductor to deposit the amount to the credit of the Central Government no excuse to deny TDS credit to the deductee – High Court In a landmark judgment, a Division Bench of the Hon’ble High Court while issuing …