Category: Judgments

Notice of demand being part of assessment order is rectifiable u/s 154 of the Act for any apparent errors – ITAT In a recent judgment, the Patna ITAT has held that notice of demand is very much part of the assessment order and in case an error comes …

Authorized Officer issuing warrant of authorization of search u/s 132(1) can not issue notice u/s 131(1A) post-search operation.  In a recent judgment, the Allahabad High Court has held that the Authorized Officer who issued warrant of authorization of search u/s 132(1) can not issue notice u/s 131(1A) post-search …

Order denying ITC u/s 16(2) for non payment of GST by seller quashed by High Court holding that purchasing dealer cannot be left at the mercy of the selling dealer.  Ina recent judgment, Allahabad High Court has quashed order denying ITC u/s 16(2) for non payment of GST …

Supreme Court dismissed SLP against addition made u/s 68 instead of section 41(1) as where genuineness of the loan transaction was doubted, there can not be any remission of liability. Supreme Court dismissed SLP against judgment of Delhi High Court confirming addition u/s 68 and holding that where …

Income Tax Department was directed to correct their record and grant credit of TDS under section 194IA to assessee which was wrongly filed in Form 26QB instead of Form 27Q. In a recent judgment, Hon’ble Delhi High Court directed Income Tax Department to itself correct their record and …

ICAI Appellate Authority reduces life ban to 10 years on CA punished in Satyam Case for Life to 10 years ICAI Appellate Authority reduces life ban on CA Srinivas Talluri punished for involvement in Satyam case from Practising for Life to 10 years. In 2018 Securities and Exchange …

ITAT remits case to examine claim of exemption u/s 10(26) for assessee being a Scheduled Tribe and residing in Meghalaya In a recent judgment, ITAT Guwahati set aside the order of the CIT(A) and remitted the case for examination of claim of exemption u/s 10(26) of the Income …

Order passed under section 119(2)(b) of the Act is not appealable before the Tribunal In a recent judgment, ITAT Chennai has held that an order passed by the Commissioner under section 119(2)(b) of the Act is an administrative order; therefore, the same is not appealable before the Tribunal. …

Exemption u/s 54F can not be denied merely because assessee did not deposit net sale consideration in capital gain account  In a recent judgment, ITAT Chennai has held that exemption u/s 54F can not be denied merely because assessee did not deposit net sale consideration in capital gain …

Addition u/s 56(2)(vii)(b) deleted in absence of DVO’s report where the building on the land purchased was 30 years old In a recent judgment, ITAT Chennai deleted addition u/s 56(2)(vii)(b) as there was no DVO’s report as on the date of impugned order and the subject building was …