Category: Judgments

Non-specific penalty notice u/s 271(1)(c) issued by assessing officer violates mandatory requirement of law and doctrine of prejudice cannot be invoked ABCAUS Case Law CitationABCAUS 3511 (2021) (06) ITAT Important case law relied referred:Mohd. Farhan A. ShaikhRajesh Kumar v. CIT State of Orissa v. Dr. Binapani Dei Dilip …

Addition for undisclosed foreign bank account deleted as the information received in pen drive under DTAC lacked basic essentials of a bank statement.    In the instant case, the assessee was aggrieved by the order of the CIT(A) confirming the addition u/s 69 of the Income Tax Act, …

Allowable Cost of construction when only first floor of house was sold as per registry to reduce the stamp duty. ITAT restored the case for fresh determination In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made by the …

Addition u/s 69A for unexplained cash deposited in bank account of the assessee in excess of his yearly salary income deleted In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the addition made by the Assessing Officer (AO) towards the difference …

Notice u/s 148 issued prior to approval granted by competent authority bad in law In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the assessment order passed u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (the Act) in as …

Undisclosed sales being excess turnover reported in service tax return. Tribunal set aside the addition for de novo proceedings In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming addition made by the Assessing Officer (AO) towards undisclosed sales on the basis …

Change of email address no ground for non-service of show cause notice as in return filed email of counsel was given ABCAUS Case Law CitationABCAUS 3505 (2021) (06) HC The assessee had filed a Writ Petition challenged the ex parte assessment order passed by the Assessing Officer (AO) …

Land cannot be considered as non agricultural, simply because of a Farm house located thereon . Existence of a farm house cannot change the classification of land ABCAUS Case Law CitationABCAUS 3504 (2021) (05) ITAT Important case law relied referred:Smt. Sarifabibi Mohmed Ibrahim vs. CIT 204 ITR 631 …

Advocate in NCT of Delhi not to be stopped for Covid-19 curfew on producing Bar ID card/ other proof of being advocate. E-pass is not mandatory for them-Delhi High Court Aggrieved by the humiliation by the Police in the treatment given and demand for productions of e-pass for …

Provisions of personal guarantors to corporate debtors under IBC 2016 under notification dated 15th November, 2019 is legal and valid – Supreme Court The Central Government, vide notification dated 15th November, 2019, brought into force provisions relating to the personal guarantors (PGs) to Corporate Debtors with effect from …