Category: High Courts

There is no legislative mandate to collect tax at source under section 206C (1C) from the person involved in illegal mining or illegal transportation of minerals. Supreme Court dismissed SLP of Department. In a recent judgment, Hon’ble Supreme Court dismissed SLP of the Income Tax Department upholding Chhattisgarh …

If assessing officer rejects a reply, he had to offer an opportunity of personal hearing to the assessee– Allahabad High Court In a recent judgment, Allahabad High Court has held that in terms of section 144B of the Income Tax Act, once a reply had been filed, it …

High Court has awarded interest @ 12% p.a. on excessive excise duty refunded after twelve years after petitioners was compelled to deposit it. In a recent judgment, Rajasthan High Court has awarded interest @ 12% p.a. on the excise duty refunded after twelve years to compensate for the …

Section 143(1) Intimation is only an intimation and it cannot be treated as an order for the purpose of Section 264 of Income Tax Act. In a recent judgment Hon’ble Kerala High Court has held that Section 143(1) Intimation is only an intimation and it cannot be treated …

Deduction u/s 80P denied as assessee did not file return u/s 139(1) but beyond the due date only in response to notice u/s 148 In a recent judgment, Hon’ble Karnataka High Court has upheld denial of deduction under section 80P as by no stretch of imagination a return …

High Court denied pre-arrest bail to accused of fake ITC utilisation on possibility of misusing the concession of pre arrest bail In a recent judgment, High Court of Punjab & Haryana denied pre-arrest bail to accused of fake ITC utilisation observing that there was possibility of petitioner’s misusing …

Return could not be said to be non est for non e-verification when AO had been taken due cognizance of the returned income in the Assessment order. In a recent judgment, Allahabad High Court has held that return could not be held to be non est for non …

Minor delay should not come in the way of legitimate claim for any deduction if the assessee is otherwise entitled to exemption/deduction – High Court In a recent judgment, Hon’ble Madras High Court has condoned delay of 25 days in filing Audit Report in Form 10B holding that …

High Court declines to direct ITD to investigate allegations of tax evasion as per Tax Evasion Petition due to limitation In a recent judgment, Hon’ble Chhattisgarh High Court declined to direct Income Tax Department to investigate Tax Evasion Petition filed by Petitioner being barred by limitation ABCAUS Case …

Section 148 of Income Tax Act after 01.04.2021, does not even require recording reason to believe. In a recent judgment, Delhi High Court has held that language of section 148 of the Income Tax Act after 01.04.2021, does not even require recording reason to believe much less possession …