Category: Judgments
Waiver of loan not cessation of trading liability u/s 41(1). Provision of Section 28 (iv) do not apply to benefits received in cash-Supreme Court The instant appeal(s) were filed by the Income Tax Department (Revenue/appellant) against the judgment passed by the High Court whereby the Division Bench of …
Compensation received by builder for default in agreement to sell land by seller held as capital receipt as the land ultimately to be used as stock-in-trade was immobile and sterilised-HC The instant appeal was filed by the Income Tax Department (Revenue) against the order of the ITAT in …
Material found in a Survey made simultaneously at a connected person can be used in Block Assessment of an assessee u/s 158BB read with Section 158 BH of the IT Act-Supreme Court The instant appeal was filed by the Income Tax Department (Revenue) against the judgment passed by …
Cash surrendered during survey and added to WIP can not be disallowed u/s 68 as income was already declared in Trading account and it was a balancing entry-ITAT The appellant assessee had filed the instant appeal against the order of the CIT(A) contending that the Authorities below erred …
Unrealised Interest on NPA Accounts not taxable notionally on accrual basis. AO has to follow the RBI Directions under section 45Q of RBI Act as held by Supreme Court The appellant Revenue had filed the instant appeal against the order of the Income Tax Appellate Tribunal (ITAT) in holding …
Fresh approval u/s 153D not required in remand case u/s 263 where assessment in search case was originally framed u/s 153A after approval u/s 153D of the Income Tax Act-HC The appeal was filed by the appellant assessee is against the order of Income Tax Appellate Tribunal (Tribunal/ITAT) …
Non disposal of reopening objection not make order void or non est. It is only procedure irregularity curable by remitting. High Court explains law on non-disposal of objections. The question involved in the presnt case was whether the assessment order passed by the Assessing Officer (ITO/AO) u/s 143(3) …
Personal fine imposed on PrCITs for filing frivolous appeals waived by division bench of High Court. A fine of Rs. 50000/- each was imposed on 2 PrCIT and one ACIT. The Income Tax Department (appellant) had filed an intra-Court appeal against the order passed by the Single Judge …
AO can not ask indemnity bond for future tax liability for release of seized assets u/s 132B(1)- High Court deleted the relevant paragraph of the release order. In the instant case, the petitioner assessee had challenged the part of the release order passed by the Income Tax Officer …
80HHC deduction entitlement to supporting manufacturer who receives export incentives as duty draw back, Duty Entitlement Pass Book etc.-SC refers the question to larger Bench The instant judgment was given in a batch of appeals filed by the Revenue in relation to the interpretation of the provisions contained …
