Category: Judgments

The object of a procedure is to advance the cause of justice. Procedural law is not to be tyrant but a servant not an obstruction but an aid to justice – ITAT In a recent judgment, ITAT Agra has held that the object of prescribing procedure is to …

When tax was paid by supplier in the form GSTR-01 & GSTR-3B, no adverse inference can be drawn against the purchaser on the premise that the registration of the seller dealer was cancelled subsequently. In a recent judgment, Allahabad High Court has quashed order passed under section 74 …

Mere repetitive use of the word “Arbitration” in agreement without any substantive part relating to arbitration is not a valid arbitration agreement – Supreme Court In a recent judgment, the Hon’ble Supreme Court Mere use of the word “Arbitration” in the title of the clause without any corresponding …

Failure to disclose conviction u/s 138 of NI Act, 1881 in election nomination form and affidavit, election was rendered void despite subsequent acquittal – SC In a recent judgment, Hon’ble Supreme Court has held that failure to disclose conviction u/s 138 of the Negotiable Instruments Act, 1881 in …

Charitable Institution is entitled to application of 15 per cent of gross receipts u/s 11(1)(a) without considering expenditure incurred or surplus available In a recent judgment, ITAT Pune has held that Charitable Institution is entitled to application of 15 per cent of gross receipts u/s 11(1)(a) without considering …

Declaring deemed profit u/s 44AE against business payments claimed as expenditure by related party was legal tax-planning – ITAT In a recent judgment, ITAT Delhi has upheld the finding of CIT(A) that transactions with related party who claimed 100 % expenditure of payments made to assessee who in …

Audit Objections can be basis for reopening but mere quoting audit objection ignoring reply of assessee is non application of mind – SLP dismissed In a recent judgment Hon’ble Supreme Court dismissed the Special Leave Petition of the Revenue upholding High Court order quashing of order u/s 148A(d) …

Look Out Notice/Circular against assessee from travelling abroad quashed as no prosecution had been launched. In a recent case, the Sessions Court quashed Look Out Notice/Circular against the assessee from travelling abroad as no prosecution had been launched and the assessee was not covered under criteria of exceptional …

ITAT gives relief to Aishwarya Rai Bachchan by upholding deletion of disallowance u/s 14A over and above the suo-moto disallowance. In a recent judgment ITAT Mumbai gave relief to Aishwarya Rai Bachchan by upholding deletion of disallowance made by the Assessing Officer (AO) u/s 14A over and above …

ITAT deleted addition of amount borrowed for treatment of father and deposited in bank account considering cost of medical treatment in the present day. In a recent judgment, ITAT Lucknow deleted addition for cash deposit of Rs. 10 Lakhs claimed to have borrowed for treatment of his father …