Category: High Courts

Failure of AO to draw inferences cannot mean that the petitioner had not disclosed all the material facts – High Court In a recent judgment, Hon’ble High Court has held that assessee’s duty is only to disclose primary facts and it is for the Assessing Officer (AO) to …

Interest for delayed payment of compensation under Land Acquisition Act is taxable as capital gain not interest u/s 56 and also eligible for exemption u/s 10(37) – High Court In a recent judgment Kerala High Court has held that interest amounts received by an assessee in respect of …

Non response to show-cause notice u/s 148A(b) would not make the otherwise invalid show-cause notice good – High Court In a recent judgment Patna High Court has held that incorrect information furnished in notice u/s 148(A)(b) which was not supported by any material vitiated the proceeding under section …

Vague references to “incriminating material” without disclosing basis or specification of the evidence rendered the jurisdiction transfer order u/s 127(2) unsustainable – High Court In a recent judgment, Calcutta High Court has held that vague references to “incriminating material” without disclosing basis or specification of the evidence rendered …

Fixing date of personal hearing prior to the date of filing of reply showed non application of mind – High Court In a recent judgment, Hon’ble Allahabad High Court quashed GST order u/s 73 of UPGST Act 2017 as the date of personal hearing was fixed prior to …

There is no provision in the GST Act for reserving the judgement and delivering the judgement later on – High Court  In a recent judgment, Allahabad High Court quashed GST appellate order as there is no provision in the GST Act for reserving the judgement and delivering the …

High Court upheld classification of roasted areca nuts under Custom Tariff Entry 2008 19 20 In a recent judgment, the Allahabad High Court held that “roasted areca nuts’ have been rightly classified under Custom Tariff Entry 2008 19 20 ABCAUS Case Law Citation:4601 (2025) (06) abcaus.in HC Important …

Delay in filing Form 56F was only a procedural lapse and that cannot be a ground for not granting the deduction claimed under Section 10AA of the Act.  In a recent judgment, the Madras High Court has upheld that delay in filing Form 56F was only a procedural …

It is incumbent upon AO to decide the case u/s 148A(d) on the basis of the material on record including the reply of the assessee – High Court In a recent judgment, the Himanchal Pradesh High Court has held that it is incumbent upon the Assessing Officer to …

Authorized Officer issuing warrant of authorization of search u/s 132(1) can not issue notice u/s 131(1A) post-search operation.  In a recent judgment, the Allahabad High Court has held that the Authorized Officer who issued warrant of authorization of search u/s 132(1) can not issue notice u/s 131(1A) post-search …