Category: Judgments

Condonation of delay in filing Form 10B/ITR. ill-health resulting in demise of executive trustee was a bonafide reason In a recent judgment, Hon’ble Karnataka High Court has held that ill-health and subsequent demise of the executive trustee of the assessee trust constituted bona fide reasons for condonation of …

Cancellation or Suspension of GST registration would be counterproductive and work against the interest of the revenue – HC In a recent judgment, Hon’ble Calcutta High Court observed that suspension/revocation of the GST registration would be counterproductive and work against the interest of the revenue as the assessee …

ITAT Allahabad follows it previous decision on validity of consolidated approval u/s 153D, says it’s later decision was in violation of binding precedents. In a recent judgment, ITAT Allahabad on the issue of validity of consolidated approval u/s 153D of the Income Tax Act has followed its earlier …

Wherever assessee had purchased the materials by way of E-way bill such purchases cannot be treated as bogus or non genuine – ITAT In a recent judgment, ITAT Delhi has held that wherever the assessee had purchased the materials by way of E-way bill such purchases cannot be …

Mere filing a defective affidavit with IBC application not render the application non est and liable to be rejected In a recent judgment, Hon’ble Supreme Court had held that mere filing of a ‘defective’ affidavit in support of IBC application would, however, not render the very application non …

Relying upon investigation report without own reasons recorded amounted to borrowed satisfaction u/s 148 which is not permissible In a recent judgment, Hon’ble Supreme Court has dismissed SLP against the judgment of the Gujarat High Court which held that the AO relying upon investigation report the and not …

AO taking cognizance of belated return ought to have issued the mandatory notice under section 143(2) of the Act – ITAT In a recent judgment, ITAT Agra has held that once AO took cognizance of the belated return filed by the assessee he ought to have issued the …

When assessee failed to explain source of purchases expenditure, estimating profit rate was contrary to provision of Section 69C which calls for addition of the entire amount. In a recent judgment, Hon’ble Supreme Court dismissed SLP against the judgment of the Bombay High Court which held that when …

Income Tax Department not trusted even upon its lawyers – SC slams ITD on adopting a long process resulting delay in filing appeal In a recent judgment, the Hon’ble Supreme Court has slammed the Income Tax Department for adopting a long process of filing petition despite having a …

When goods are loaded in two trucks with one e-way bill specifically mentioning both truck numbers, no intention to evade payment of tax can be attributed. In a recent judgment, Hon’ble Allahabad High Court held that when goods could not be accommodated in one truck and therefore, loaded …