Category: Judgments

Once repayment of the loan is established, credit entries cannot be added to income in isolation ignoring the debit entries despite being made in the later years – ITAT In a recent judgment, ITAT Calcutta has deleted addition for unexplained cash credit observing that once repayment of the …

Travel back theory as propounded by the CBDT Instruction is against the spirit of the ratio laid down by the Hon’ble Apex Court in Ashish Agarwal case – ITAT In a recent judgment, ITAT Jaipur has held that travel back theory as propounded by the CBDT Instruction is …

Failure of AO to draw inferences cannot mean that the petitioner had not disclosed all the material facts – High Court In a recent judgment, Hon’ble High Court has held that assessee’s duty is only to disclose primary facts and it is for the Assessing Officer (AO) to …

Undated, unsigned and typed loose sheet of paper are dumb document, could not be taken as the sole basis for determination of undisclosed income In a recent judgment, ITAT Amritsar has held that undated, unsigned and typed loose sheet of paper without witness, without any acceptable narration are …

Interest for delayed payment of compensation under Land Acquisition Act is taxable as capital gain not interest u/s 56 and also eligible for exemption u/s 10(37) – High Court In a recent judgment Kerala High Court has held that interest amounts received by an assessee in respect of …

For arriving at accumulated profits for deemed dividend u/s 2(22)(e), depreciation under Income-tax Act is to be deducted – ITAT In a recent judgment, ITAT Chandigarh has held that for arriving at accumulated profits for deemed dividend u/s 2(22)(e), depreciation under Income-tax Act is to be deducted. Also, …

Non response to show-cause notice u/s 148A(b) would not make the otherwise invalid show-cause notice good – High Court In a recent judgment Patna High Court has held that incorrect information furnished in notice u/s 148(A)(b) which was not supported by any material vitiated the proceeding under section …

Without enquiring when the order was actually served, dismissing the appeal for inordinate delay was not justified – ITAT In a recent judgment, ITAT Lucknow has held that without enquiring into, when assessee was actually served with the order, dismissing the appeal for inordinate delay was not justified. …

Vague references to “incriminating material” without disclosing basis or specification of the evidence rendered the jurisdiction transfer order u/s 127(2) unsustainable – High Court In a recent judgment, Calcutta High Court has held that vague references to “incriminating material” without disclosing basis or specification of the evidence rendered …

Contingent liabilities not debited to profit and loss account cannot be added merely on the basis of disclosure in the tax audit report – ITAT  In a recent judgment, ITAT Ahmedabad deleted adjustment made by CPC u/s 143(1)(a) holding that contingent liabilities which are not debited to the …