Category: High Courts

Reopening assessment on information of plot purchase quashed as lease deed was already with AO and the fact was known and considered by him in original assessment u/s 143(3) – HC The petitioner company had filed the instant writ petition praying for setting aside and quashing re-assessment proceedings initiated …

Chartered Accountant held guilty u/s 278 for abating firm to evade tax by signing accounts without verifying the stock statement submitted to bank ABCAUS Case Law Citation: ABCAUS 2323 (2018) (05) AC Important Case Laws Cited/relied upon by the parties: Sudeep Jain vs M/s ECE Industries Ltd in …

Allahabad High Court uphelds the vires of the UP Tax on Entry of Goods into Local Areas Act, 2007- Act do not treat the entire State as one local area. ABCAUS Case Law Citation: ABCAUS 2322 (2018) (05) HC Important Case Laws Cited/relied upon by the parties: Automobile …

When E-way bill was downloaded before detention/seizure of the goods disclosing all the necessary informations, there was no irregularity-High Court ABCAUS Case Law Citation: ABCAUS 2321 (2018) (05) HC The petitioner dealer had filed the instant writ before the Hon’ble High Court challenging the detention of the goods …

Power of UP Govt to required TDF for inter state goods movement-In view of two contrary judgments, matter referred to Chief Justice for constitution of Larger Bench The instant petition(s) was filed under Article 226 of the Constitution of India challenging the authority of the State of U.P. …

Compensation received by builder for default in agreement to sell land by seller held as capital receipt as the land ultimately to be used as stock-in-trade was immobile and sterilised-HC The instant appeal was filed by the Income Tax Department (Revenue) against the order of the ITAT in …

Unrealised Interest on NPA Accounts not taxable notionally on accrual basis. AO has to follow the RBI Directions under section 45Q of RBI Act as held by Supreme Court The appellant Revenue had filed the instant appeal against the order of the Income Tax Appellate Tribunal (ITAT) in holding …

Fresh approval u/s 153D not required in remand case u/s 263 where assessment in search case was originally framed u/s 153A after approval u/s 153D of the Income Tax Act-HC The appeal was filed by the appellant assessee is against the order of Income Tax Appellate Tribunal (Tribunal/ITAT) …

Non disposal of reopening objection not make order void or non est. It is only procedure irregularity curable by remitting. High Court explains law on non-disposal of objections. The question involved in the presnt case was whether the assessment order passed by the Assessing Officer (ITO/AO) u/s 143(3) …

Personal fine imposed on PrCITs for filing frivolous appeals waived by division bench of High Court. A fine of Rs. 50000/- each was imposed on 2 PrCIT and one ACIT. The Income Tax Department (appellant) had filed an intra-Court appeal against the order passed  by the Single Judge …