Category: Judgments

Chartered Accountant issuing Form 15CB not required check genuineness or otherwise of documents submitted by his clients – Supreme Court dismissed SLP In A recent judgment, Hon’ble Supreme Court has dismissed SLP against the judgment of Madras High Court which held that Chartered Accountant issuing Form 15CB is …

Ongoing investigation qua absconding person, cannot be a ground to deny bail to person against whom the investigations have been completed and the Complaint filed in the Court. In a recent judgment, Delhi High Court has granted bail to the accused of GST evasion holding that ongoing investigation …

Accommodation entry operators also routinely obtain PAN, file ITRs, and maintain bank accounts, to give a facade of legitimacy to sham transactions. In a recent judgment, Chhattisgarh High Court confirmed addition u/s 68 holding that accommodation entry operators also routinely obtain PAN, file ITRs, and maintain bank accounts, …

Penalty u/s 271D deleted as the amount of cash deposited in assess’s bank belonged to his father who was an agriculturist, not having any operating bank account. In a recent judgment, ITAT Chandigarh has deleted penalty under section 271D as the amount of cash deposited in assessee’s bank …

No penalty u/s 129(3) of GST Act for non-filling of Part -B of the e-way bill due to technical glitch when there was no intention to evade payment of tax In a recent judgment, Allahabad High Court has held that penalty under section 129(3) of the GST Act …

Tax Authorities should charge legitimate taxes from the taxpayers instead of punishing the assessees for their bonafide mistakes – ITAT In a recent judgment, ITAT Chandigarh has deleted addition made by the AO criticised him of miserably failing to perform his duties and in assessing the true and …

Assessee can challenge the validity of any order in the collateral proceedings though the same has not been challenged before the appellate authority – ITAT In a recent judgment, ITAT Guwahati has held that assessee can challenge the validity of any order in the collateral proceedings though the …

Reopening quashed as Form No. 10 have limited space to fill reasons of accumulation of income u/s 11(2) and resolution was provided. In a recent judgment, Bombay High Court has quashed reopening order holding that the contents of Form No. 10 have limited space to fill reasons of …

Stamp duty valuation or classification for fiscal purposes does not determine the character of the property under the Income-tax Act – ITAT In a recent judgment, ITAT Ahmedabad has quashed addition holding that held that stamp duty valuation or classification for fiscal purposes does not determine the character …

Difference of cash deposit between two Assessment Years cannot be added on illogical rationale that there cannot be any increase in cash deposit between two years – ITAT In a recent judgment, ITAT Chennai has held that difference of cash deposit between two Assessment Years cannot be added. …