Category: Judgments

ITC can not be denied to purchaser who had paid due taxes on invoice raised where the seller did not deposit the collected tax with the Government. In a recent judgment, Hon’ble Supreme Court has held that Input Tax Credit can not be denied to the registered purchaser …

Mining done without environmental clearances or beyond the quantity prescribed in Environment clearance or approved mining plan not illegal mining In a recent judgment, the Orissa High Court upheld quashing of reassessment holding that mining done without environmental clearances or beyond the quantity prescribed in the Environment clearance …

In an unabated assessment, statement made by a third party can’t be treated as incriminating material In a recent judgment, ITAT Kolkata has held that in an unabated assessment incriminating material in terms of provisions of Section 153A cannot be in the form of statement of a third …

Gujarat High Court directs CBDT to extend the due date for filing ITR in audit cases to 30.11.2025 to maintain one months mandatory gap. In a recent judgment, the Gujarat High Court has directed CBDT to extend the due date for filing ITR in audit cases to 30.11.2025 …

High Court grants bail to accused of GST evasion of Rs. 120 crores as they were in custody for six months but no prosecution witness were examined. In a recent case, the Hon’ble Punjab & Haryana High Court granted bail to the accused of GST evasion of Rs. …

TDS u/s 194IC is applicable for payment under JDA to transferor of land and building holding leasehold rights and not ownership. In a recent judgment, ITAT Mumbai has held that it would be against the intent of the legislation to interpret that provisions of TDS under section 194IC …

When the provisions of Section 69A are invoked burden of proof lies on the AO to establish source of unexplained money In a recent judgment, ITAT Delhi has held that settled law is that where the AO invoked the provisions of Section 69A of the Income Tax Act, …

When order u/s 263 is quashed, assessment order passed u/s 143(3) r.w.s. 263 has no legs to stand In a recent judgment, ITAT Agra has held that when order u/s 263 of the Act is quashed, assessment order passed u/s 143(3) r.w.s. 263 has no legs to stand …

When assessee offered income on accrual basis over the years, claim of TDS deducted on maturity of bond can not be disallowed – ITAT In a recent judgment, ITAT Agra has held that when assessee had offered interest income on RBI Bonds on accrual basis over the years, …

Writing “Yes, I am convinced it is a fit case for re-opening the assessment u/s 147 by issuing notice u/s 148” is a valid approval under section 151A In a recent judgment, Delhi High Court has held that the language “Yes, I am convinced it is a fit …