Category: Judgments

Notice u/s 143(2) issued by ITO who lacked jurisdiction held valid as in substance it was in conformity with the intent & purpose of Income Tax Act 1961. In a recent judgment, Guwahati High Court has held that in absence of ITAT finding that notice u/s 143(2) issued …

Appellate Authorities committed no error or illegality in dismissing the appeal for non payment of 20% of the tax demanded as provided in statute– Supreme Court In a recent judgment, the Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) of the assessee holding that there was no …

When goods was accompanied with requisite documents merely not mentioning name of transporter in e-way bill not intention to evade payment of tax.  In a recent judgment, Allahabad High Court has quashed GST order alleging intention to evade payment of tax where goods was accompanied with tax invoice, …

Assessment quashed as the return of income was filed by the assessee was above Rs.10 lacs, for which, the jurisdiction vested only with the DCIT/ACIT and not with ITO. In a recent judgment, ITAT Raipur quashed assessment as the return of income was filed by the assessee above …

Revenue record is only one of evidence and not a conclusive piece of evidence that land is used for agricultural purposes – Supreme Court dismisses SLP of assessee. In a recent case, Hon’ble Supreme Court has declined to interfere with the judgment of the Bombay High Court in …

High Court allows capital gain exemption u/s 54(1) on purchase of seven row houses before the amendment brought w.e.f. 01.04.2015. In a recent judgment, Hon’ble Bombay High Court has held that the words ‘a residential house’ in unamended Section 54(1) of the Income Tax Act would not mean …

Uncorroborated WhatsApp message, in the absence of any independent supporting evidence, cannot constitute a valid basis for initiating proceedings under section 153C of the Act – ITAT In a recent judgment, ITAT Mumbai deleted addition under section 69A of the Act on account of alleged cash received over …

Time for compliance of notice is to be calculated not by the clock but by the calendar. – order u/s 148A(d) quashed Time for compliance of a notice is to be calculated not by the clock but by the calendar. In a recent judgment, Hon’ble Jharkhand High Court …

Exemption u/s 54F allowed by ITAT holding that investment in purchase of plot in the name of the spouse and their respective shares is immaterial In a recent judgment, ITAT Chennai has allowed exemption u/s 54F observing that entire investment in purchase of plot is in the name …

High Court refrained to interfere with direction of Assistant Registrar to appoint a new Chartered Accountant to audit alleged financial irregularities of the society In a recent judgment, Allahabad High Court refrained to interfere with direction of Assistant Registrar to appoint a new Chartered Accountant to audit alleged …