Category: Judgments
Confiscation of stock under GST Act cannot be made on the basis of eye estimation only Confiscation of stock u/s 130 of GST Act cannot be made on the basis of eye estimation only- Allahabad High Court quashed confiscation of goods and levy of penalty ABCAUS Case Law …
Residential Flats held as stock in trade-Municipal rateable value to be adopted for determining income from house property In a recent judgment, ITAT has held that in respect of residential Flats held as stock in trade, the municipal rateable value to be adopted for determining income under the …
TDS u/s 194Q not related to sale-ITAT remands case of mismatch of turnover In a recent judgment, the ITAT has observed that TDS u/s 194Q is not related to sale while remanding the CPC order u/s 143(1) which restricted TDS credit due to mismatch of turnover as per …
Assessee claimed a third party fraudulently filed his return – ITAT remands case to prove it In a recent judgment, the ITAT has remanded the case to provide an opportunity to the assessee to establish that third party fraudulently filed his return of income using his PAN. ABCAUS …
ITAT allows commission expenses in connection with sale of property despite no written agreement ITAT allows commission expenses as deduction from capital gain in connection with transfer of property despite no written agreement In a recent judgment, the ITAT has allowed commission expenses in connection with transfer of …
Reopening order u/s 148A(d) quashed as correct amount of cash deposit in bank was less than Rs. 50 lakhs In a recent judgment, the Hon’ble High Court of Punjab and Haryana has quashed the re-assessment order u/s 148A(d) issued after three years as correct amount of cash deposit …
The AO not authorized to stretch the published census population to an imaginary figure – ITAT In a recent judgment, the Hon’ble ITAT has deleted addition made by AO treating the agricultural land as Capital Asset held that AO is not authorized to stretch published census population to …
High Court stays re-assessment proceedings as order u/s 148A(d) was passed ignoring objection of assessee. High Court stays re-assessment proceedings notice u/s 148 and order u/s 148A(d) was passed by the AO ignoring the objections raised by the assessee. In a recent judgment, the Hon’ble Allahabad High Court …
Disallowance u/s 40(A)(2)(b) – Onus is on Assessing Officer to made comparable study In a recent judgment, ITAT has deleted disallowance u/s 40(A)(2)(b) towards payments to related parties and held that onus is on Assessing Officer to made comparable study to show unreasonableness ABCAUS Case Law Citation:ABCAUS 3937 …
When no cash involved in transaction, Section 68 treating it unexplained cash credit not attracted When there was no cash involved in the transaction of allotment of shares, the provisions of Section 68 of the Act treating it as unexplained cash credit are not attracted – ITAT In …