Category: Judgments
Reassessment order quashed as reasons to believe stated that return was processed only u/s 143(1) whereas return was actually processed under Section 143(3) In a recent judgment, ITAT Ahmedabad has upheld quashing of reassessment order on account of non application of mind as reasons recorded stated that return …
SLP dismissed against bogus liability styled as “book overdraft” reflected as payable to banks for cheques issued not presented to the banks In a recent judgment, Hon’ble Supreme Court dismissed the SLP against the decision of the Delhi High Court upholding the addition towards bogus liability styled as …
ITAT quashed reassessment as notice u/s 148 was issued even prior to the due communication of approval u/s 151 to the Assessing Officer. In a recent judgment, ITAT Kolkata has quashed reopening of assessment as nullity and invalid in the eyes of law when the notice issued u/s …
ITAT allowed assessee to submit Form 26A before AO as he misunderstood lower rate of TDS in certificate u/s 197 and deducted short TDS In a recent judgment, ITAT Mumbai has allowed assessee to submit Form 26A before AO as the assessee misunderstood the lower rate of TDS …
Tender condition to submit income tax return of the “previous financial year” would not mean Financial Year for which time for filing ITR has not expired – SC In a recent judgment, Hon’ble Supreme Court has held that auction notice requiring bidders to submit income tax return of …
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 …
