Category: High Courts
In Faceless assessment grant of opportunity of personal hearing is not optional at discretion of the Assessing Officer its waiver is an exception to be exercised by the assessee – Allahabad High Court In a recent judgment, Hon’ble Allahabad High Court has held that in Faceless assessment grant …
High Court quashed reopening of assessment on the incorrect presumption that no return of income had been filed Re-assessment order u/s 147 quashed as reopening done on wrong assumption of non filing of return of income. In a recent judgment, Hon’ble Bombay High Court has quashed re-assessment order …
Whether bank account was fraudulently open in the name of assessee is question of fact. High Court declined to entertain Writ Petition Whether bank account was fraudulently open in the name of assessee is question of fact. AABCAUS Case Law Citation:ABCAUS 3992 (2024) (05) HC In the instant …
Order u/s 148A(d) passed against non-existent entity is bad in eyes of law. Mere activation of PAN not give right to issue notice to a non-existent entity In a recent judgment, Hon’ble High Court has held that Order u/s 148A(d) passed against non-existent entity is bad in eyes …
Interest earned on borrowed funds/ unutilized capital subsidy are capital receipts In a recent judgment, Hon’ble Guwahati High Court has held that Interest earned on borrowed funds/ unutilized capital subsidy are capital receipts ABCAUS Case Law Citation:ABCAUS 3986 (2024) (04) HC Important Case Laws relied upon:Commissioner of Income …
There is no statutory requirement of pre-deposit for stay of demand under Income Tax Act – High Court stayed demand In a recent judgment, the Hon’ble High Court has stayed income tax demand and penalty holding that in a situation where serious prejudice may be caused to the …
Applicability of provisions of Section 115BBE read with Section 69, 69A and 69C in a case arising before Settlement Commission – Allahabad HC directs AO decide the issue In a recent judgment, the Hon’ble Allahabad High Court has directed AO to examine non applicability of Section 115BBE read …
Merely because directors of two companies were common not mean that deposits received was bogus and companies were shell companies In a recent case, the Hon’ble Allahabad High Court has stated that merely because the directors of the two companies are common may have given rise to suspicion …
Application though named as rectification but if tax imposed is not legitimate then it also touches upon the merit – High court remitted the case to ITAT In a recent case, the Hon’ble High Court remitted the case to ITAT holding that though the application was filed under …
High Court sets aside revisionary order purportedly passed earlier but dispatched after written Submissions were filed In a recent judgment, Hon’ble High Court has set aside the revisionary order u/s 264 which purported passed earlier but dispatched only after the written submissions were filed by the assessee. ABCAUS …