Category: Judgments

Application for setting aside arbitral award u/s 34 of the Arbitration and Conciliation Act, 1996 filed on the next working day of the court, was within limitation period – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the application for setting aside arbitral award …

No Penalty can be imposed u/s 270A by AO on the basis of difference in fair market value determined by the DVO on estimation basis with the sale deed price. In a recent judgment, ITAT Chennai has deleted Penalty under section 270A imposed by AO on the basis …

Under Arbitration Act 1940, clauses in contract merely barring contractor from claiming interest is no bar on arbitrator to grant Pendente lite interest. In a recent judgment, the Hon’ble Supreme Court had upheld grant of Pendente lite interest by the Arbitrator holding that under the provisions of the 1940 …

Order of Settlement Commission is conclusive and final in respect of the relevant assessment year and AO have no jurisdiction to reopen the assessment under section 147. In a recent judgment, Hon’ble Supreme Court has quashed the Special Leave Petition (SLP) against the judgment of the Hon’ble Gujarat …

Supplier ordered to compensate assessee GST demand & penalty imposed upon him due to GST paid to supplier was not reflecting in form GSTR-3B of the assessee. In a recent judgment, Hon’ble Allahabad High Court has ordered supplier to compensate and pay to the assessee/dealer the amount of GST …

Past savings can be a valid source of cash deposits unless proven otherwise by the Department – ITAT In a recent judgment, Lucknow ITAT has deleted addition made under section 69 towards cash deposited in bank account holding that past savings can be a valid source of cash …

Statement of directors or employees of company not subject to cross-examination by the company as these persons are not a third party. In a recent judgment, Hon’ble Kerala High Court has held that statement of the directors or employees of company need not be subjected to cross-examination by …

AO can’t pass order u/s 154 making additions merely on the admission made by the assessee in application submitted before Settlement Commission. In a recent judgment, ITAT Jaipur has held that Assessing Officer (AO) can not pass order u/s 154 for making additions to the income relying on …

High Court quashed order cancelling GST registration on the ground of obtaining two separate registration for the same nature of business. In a recent judgment, Hon’ble Allahabad High Court quashed order cancelling GST restoration on the ground of violation of section 25(2) for obtaining two registration for the …

If seller is registered with GST department at the time of the transaction, no adverse inference can be drawn against the purchaser if the GST Registration of the seller is cancelled from a further date. In a recent judgment, Hon’ble Allahabad High Court has held that once the …