Category: Judgments

For claiming deduction u/s 57(iii) a reasonable and intelligible nexus should be established between the expenditure incurred and the income sought to be earned. In a recent judgment, ITAT has held that for claiming deduction u/s 57(iii) a reasonable and intelligible nexus should be established between the expenditure …

Where medical certificate not held to be forged and fictitious, rejecting appeal on ground of delay unjustified In a recent judgment, Hon’ble High Court has held that when the medical certificate was not held to be forged and fictitious, Appellate Court was unjustified in rejecting the condonation of …

Agricultural land is outside the definition of capital asset, therefore, the deeming provision u/s 56(2)(x) cannot be invoked – ITAT In a recent judgment, ITAT has held that where the assessee has purchased agricultural land the same is outside the definition of capital asset, therefore, the deeming provision …

Assessee entitled to claim deprecation u/s 11(6) if corresponding capital expenditure was not claimed as application of income – ITAT In a recent judgment ITAT has held that assessee society was entitled to claim deprecation u/s 11(6) towards application of income in view of the fact that corresponding …

Section 292C of the Income Tax Act 1961 indeed carries presumption of correctness of such seized documents contents but only against the searched than any third party In a recent judgment, ITAT has held that section 292C of the Income Tax Act 1961 indeed carries presumption of correctness …

PCIT directed to consider condonation of delay u/s 119(2)(b) in filing revised return to availing benefits of section 44ADA In a recent case, the High Court quashed order u/s 119(2)(b) rejecting condonation of delay for filing revised return to claim refund by availing benefits of presumptive taxation u/s …

Whether condition of pre-deposit prior to reference to Arbitration is arbitrary and violative of the right to sue – Division Bench seeks reference to a larger Bench. In a recent judgment, a Division Bench of the Hon’ble Supreme Court has referred the issue of condition of pre-deposit prior …

Order u/s 69 of the CGST Act authorising arrest of a person has to be communicated to him before arrest– Supreme Court In a recent judgment Hon’ble Supreme Court has held that order under Section 69 of the CGST Act being a sine qua non to seek anticipatory …

Refund can not be denied on the ground that it was claimed in a return filed u/s 148 where no return had been filed u/s 139 – ITAT In a recent judgment, ITAT has held that refund can not be denied on the ground that it was claimed …

The distinction between religious and charitable purposes is determined by institution’s primary or dominant object and not merely by presence of religious practices or symbolism – ITAT In a recent judgment, ITAT has held that in the context of the Income-tax Act, the distinction between religious and charitable …