High Courts

  • Income Tax

Having afforded a hearing AO can not attach assessees bank account straightway without passing speaking order

Having afforded a hearing, ITO can not attach assessee’s bank straightway without informing as to whether the stand taken by…

6 years ago
  • Income Tax

Assessment made without notice u/s 143(2) where ITR-V not received within 30 days invalid-High Court

Assessment made without notice u/s 143(2) where ITR-V not received within 30 days can not be sustained. The extended period of…

6 years ago
  • Income Tax

Special Audit u/s 142-2A relying upon the audit Reports of CAG without recording detailed reasons not sustainable-HC

Special Audit u/s142-2A relying upon the audit Reports of CAG without recording detailed reasons not sustainable.  Order passed must show…

6 years ago
  • Income Tax

Reimbursement of expenses not income though TDS was deducted on such payments -High Court

Reimbursement of expenses not income though TDS was deducted on such payments u/s 194C or 194H as contract/commission payments -High…

6 years ago
  • Income Tax

Approval by CIT even before recording reasons by AO for reopening u/s 147 not void -High Court

Approval by CIT even before recording reasons by AO for reopening u/s 147 may reflect premature approval but need not…

6 years ago
  • Income Tax

Construction-improvement on leased building-Revenue or capital expenditure. Enduring benefit not conclusive test-High Court

Expenditure on Construction and improvement on leased building-Revenue or capital. Enduring benefit cannot be a conclusive test and it cannot…

6 years ago
  • Income Tax

Interest on bank fixed deposit not credited to account taxable on mercantile basis-High Court

Interest on bank fixed deposit not credited to account taxable on mercantile basis. It is no defense that TDS was not…

6 years ago
  • Income Tax

Gratuity provision allowed even though fund was approved by Commissioner in next year

Gratuity provision allowed even though fund was approved by Commissioner in next year.  Assessee cannot be denied benefit merely for…

6 years ago
  • Income Tax

Presumption u/s 132(4A)-No further proof of expenses recorded in books seized was required-HC

Presumption u/s 132(4A)-No further proof u/s 37 of expenses recorded in books seized was required as department failed to rebut…

6 years ago
  • Income Tax

Tax component of tax free salary is taxable as salary u/s 195A, not income from other sources-HC

Tax component of tax free salary is taxable as salary not income from other sources under section 195A which provides…

6 years ago