Category: High Courts

Notice u/s 148 set aside as it was issued on the basis of same facts and material which were already examined by the CIT(A) in favour of the assessee. In a recent judgment, Hon’ble High Court has set aside notice issued u/s 148 for reopening the assessment, on …

After holding that the cash receipts and cash payments are unexplained, ad-hoc estimation of income can not be adopted – High Court In a recent judgment, Hon’ble High Court has held that ITAT after holding that the cash receipts and cash payments are unexplained, can not, adopt an …

In a recent judgment Andhra Pradesh High Court struck down Section 147A of the Income Tax Act, 1961 as unconstitutional. As a result, all the proceedings initiated by the respective Jurisdictional Assessing Officers (JAOs) under Sections 148A and 148 are without jurisdiction and are liable to be set …

Whether the release of seized assets is mandatory upon completion of 120 days –High Court refers the case to a Larger Bench. In a recent judgment, the Hon’ble High Court has referred the question as to whether the release of seized assets is mandatory upon completion of 120 …

Earlier acceptance of investment is a relevant evidence in evaluating subsequent allegation that investments were fictitious from inception – High Court In a recent judgment, Hon’ble High Court has dismissed appeal of the Income Tax Department alleging fictitious investment observing that the earlier acceptance of the investments does …

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence of any proof otherwise – High Court In a recent judgment Hon’ble High Court while condoning the delay of eight years in filing appeal has held that the …

In an order rejecting stay of income tax demand there should be a recital of the merits whether it is a case for stay or not.  In a recent judgment, Hon’ble High Court has held that in the order rejecting stay of income tax demand there has to …

Documents obtained post search and information obtained from the public domain not incriminating material. Documents obtained by AO post search and information obtained from the public domain was not incriminating material. Hence, the satisfaction recorded by the AO was against the provisions of Section 153C of the Income …

Information of deposits in bank did not constitute fresh information necessitating second reopening due to change in bank name In a recent judgment, Hon’ble High Court quashed the notice u/s 148A as the information flagged by RMS regarding unexplained credits in bank did not constitute fresh information necessitating …

Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s right – High Court In a recent judgment Hon’ble High Court held that curtailing assessee’s right or time to file reply in response to notice u/s 148A(b) from …