Category: Judgments
Interest paid on delayed payment of GST/VAT is compensatory and not penal in nature for allowability under section 37. In a recent judgment, ITAT Delhi has held that interest paid on delayed remittance of GST / VAT is compensatory and not penal in nature for the purpose of …
Once appeal of assessee is set aside by ITAT with certain directions, then the consequential proceedings are fresh proceedings – ITAT In a recent judgment, ITAT Delhi has held that once the appeal of the assessee is set aside by Tribunal with certain directions for reconsideration of the …
New facts surfaced during investigation and would not have become known but for investigation amounts to wilful suppression to evade tax – High Court In a recent judgment, Patna High Court has held that where facts surfaced during investigation were not earlier known to them and they would …
CBDT Circular fixing a time limit for making condonation application u/s 119(2)(b) of the Income Tax Act, 1961 (the Act) is illegal – Madras High Court In a recent judgment, Madras High Court condoned the delay in filing audit report Form 10-B observing that CBDT Circular fixing a …
Interest income to be excluded from gross receipts while computing percentage of Govt. finance for determining the exemption u/s 10(23C)(iiiab). In a recent judgment, ITAT Ranchi has held that interest income is not to be included in gross receipts of the society while computing 50% of Govt. financing …
Addition u/s 36(1)(va) for delayed payment of EPF upheld holding that Supreme Court judgment imparts meaning to statute from the inception date. In a recent judgment, ITAT Patna upheld the addition under section 36(1)(va) for delayed payment of EPF holding that any interpretation of a statute by the …
No GST demand from son for the deceased father firm without showing that son was continuing the business in the name of his father’s proprietary concern. In a recent judgment, Hon’ble High Court of Jharkhand quashed GST order making demand from the son of the deceased father as …
Addition for extra sales on the basis of trading account for truncated period of the financial year deleted by ITAT In a recent judgment, ITAT Allahabad deleted addition for excess sales on the basis of reconstructed trading account for truncated period of the financial year being in contravention …
High Court grants regular bail to the accused of availing and utilization of fraudulent Input Tax Credit. In a recent judgment, Hon’ble High Court granted regular bail to the accused of availing and utilization of fraudulent Input Tax Credit of Rs. 18.22 crores as the accused had already …
Return can be revised under section 139(5) to claim rebate u/s 87A not claimed in original return due to error and omission. In a recent judgment, ITAT Bengaluru has held revision of return of income u/s 139(5) was valid as there was error and omission in the original …
