Category: High Courts

No addition when cash deposited in bank was out of cash in hand available with the assessee and AO could not show that cash in hand was spent otherwise In a recent judgment, Hon’ble Allahabad High Court dismissed Revenue’s appeal confirming ITAT order that there can be no …

Return/Balance sheet to be considered as being within time if filed within timeline condoned by Hon’ble Supreme Court due to Covid-19 In a recent judgment, Hon’ble Allahabad High Court has set aside the order of CIT(Exemption) passed u/s 119(2(b) and order u/s 154 passed by the Assessing Officer …

Same transaction cannot be subject matter of assessment under Section 147 twice; one by the ITO and the other by the DCIT – High Court  In a recent judgment High Court quashed notice passed u/s 148 holding that same transaction cannot be subject matter of assessment under Section …

Income of section 25 company by deploying ex-servicemen as security guards was not business activity. In a recent judgment, Kerala High Court has held that income by deploying ex-servicemen as security guards was not business activity for section 25 company established for assistance to the Ex-Servicemen. ABCAUS Case …

In absence of a valid final assessment order passed within statutory time frame, draft assessment order cannot give rise to any enforceable demand  In a recent judgment, Calcutta High Court has held that in the absence of a valid final assessment order passed within the statutory time frame …

Whether an assessee developing an infrastructure facility of Government is a contractor and ineligible for claim of deduction under Section 80-IA? In a recent case, the issue whether  an assessee developing an infrastructure facility of Government is merely a contractor and thus ineligible for claim of deduction under …

Absence of an explicit irrevocability clause in trust deed no ground for rejecting application for registration or renewal under section 12AB of Income Tax Act In a recent judgment, Hon’ble High Court held that absence of an explicit irrevocability clause in a trust deed is not a ground …

When period of delay is not very huge and involve huge monetary liability on the assessee, a lenient approach should be taken In a recent judgment, High Court held that when period of delay was not very huge a lenient approach ought to have been taken as it …

Mere higher profit margins would not make payments made by Trust as diversion of funds for the benefit of the specified persons for invocation of Section 13(1)(c) In a recent judgment Hon’ble High Court has held that mere existence of higher profit margins, in the absence of material …

Chartered Accountant can’t be made an Inquiry Officer under section 24 of Societies Registration Act 1860 – High Court In a recent judgment, Hon’ble High Court has held that appointment of Chartered Accountant Company can only be made for purpose of conducting audit and it cannot made an …