Category: High Courts

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 …

Since TDS statements are filed on a quarterly basis, the computation of limitation for treating assessee in default u/s 201 (3) operate quarter-wise – High Court In a recent judgment, Hon’ble High Court has held that scheme of TDS compliance and rules treats each quarter as a separate …

A Writ Petition should be filed within a reasonable period, High Court dismissed Petition challenging order passed u/s 119(2)(b) In a recent judgment, Hon’ble High Court while dismissing Writ Petition against order passed u/s 119(2)(b) by the CIT rejecting application for delay in filing return of income observed …