Category: Judgments

Order u/s 69 of the CGST Act authorising arrest of a person has to be communicated to him before arrest– Supreme Court In a recent judgment Hon’ble Supreme Court has held that order under Section 69 of the CGST Act being a sine qua non to seek anticipatory …

Refund can not be denied on the ground that it was claimed in a return filed u/s 148 where no return had been filed u/s 139 – ITAT In a recent judgment, ITAT has held that refund can not be denied on the ground that it was claimed …

The distinction between religious and charitable purposes is determined by institution’s primary or dominant object and not merely by presence of religious practices or symbolism – ITAT In a recent judgment, ITAT has held that in the context of the Income-tax Act, the distinction between religious and charitable …

For determination of what constitutes a fit case to issue notice u/s 148, rule of relevancy of the material and application of mind to the objection raised still survive – High Court In a recent judgment, Hon’ble High Court has held that as per amended provisions, even though …

AO is under an obligation to duly consider the explanation furnished by the assessee and assign reasons for rejecting the same – High Court In a recent judgment, Hon’ble High Court has held that Assessing Officer (AO) is under an obligation to duly consider the explanation furnished by …

Sale deed executed with full knowledge of only part consideration paid, cannot be rendered void or inoperative merely for non payment of full consideration In a recent judgment, Hon’ble Supreme Court has held that sale deed executed with full knowledge of only part consideration paid, cannot be rendered …

No fault in serving notice u/s 148 to last known address when assessee had not updated change of address in PAN data. In a recent judgment, ITAT has held that when assessee had not updated change of address in PAN data, there was no fault on the part …

Investment made by firm through capital introduced by partners cannot be treated as unexplained investment in the hands of the partnership firm. In a recent judgment, ITAT has held that investment made through capital introduced by the partners of the firm cannot be treated as unexplained investment in …

Assessee is eligible for claiming deduction under Chapter VIA under Section 80IE of the Income Tax Act 1961 on the increased income. In a recent judgment, ITAT has held that assessee is eligible for deduction under Chapter VIA under Section 80IE of the Act on the increased income …

Assessee could not be faulted for showing only cash in hand and bank balance as capital following presumptive taxation when there was no mandate to provide particular set of information in ITR In a recent judgment, ITAT has held that when assesse had taken a recourse to filing …