Category: High Courts

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 …

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 …

Where medical certificate not held to be forged and fictitious, rejecting appeal on ground of delay unjustified In a recent judgment, Hon’ble High Court has held that when the medical certificate was not held to be forged and fictitious, Appellate Court was unjustified in rejecting the condonation of …

PCIT directed to consider condonation of delay u/s 119(2)(b) in filing revised return to availing benefits of section 44ADA In a recent case, the High Court quashed order u/s 119(2)(b) rejecting condonation of delay for filing revised return to claim refund by availing benefits of presumptive taxation u/s …

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 of flats in a real estate project held capital gains as intention of the assesee was to hold that land to construct the flats, and lease them out. In a recent judgment, Hon’ble High Court has upheld that sale of apartments in a real estate project was …

CBDT Circular can’t restrict powers of Income Tax Authority u/s 119(2)(b) to condone delay beyond six years In a recent judgment, Hon’ble High Court has held CBDT Circular can not restrict powers of Income Tax Authority u/s 119(2)(b) to condone delay beyond six years for granting refund ABCAUS …

Assessment itself is not a process to penalise assessee for earning undisclosed income – High Court upheld application of peak credit theory to undisclosed income.  In a recent judgment, Hon’ble High Court has upheld addition as per peak credit holding that the process of assessment itself is not …