Category: Judgments

Shareholders are only owners of the shares of the company therefore, income from properties earned by the company cannot be treated to be an income of the shareholders. In a recent judgment, Hon’ble High Court has held that shareholders of the company are only owners of the shares …

When approval for reassessment was granted by unauthorised authority, such jurisdictional error cannot be shielded by the law of limitation – High Court In a recent judgment, Calcutta high Court has held where approval for reassessment was granted by an authority not “specified” under the statute, such jurisdictional …

ITAT on presumption of bogus purchases ought to have remanded case to AO to reconsider the whole matter instead of determining appropriate percentage of profit In a recent judgment, Kerala High Court has held that when ITAT ordered a remand on the question whether there were “bogus purchases” …

Where proceedings u/s 153C are barred by limitation, AO can not reopen the case invoking section 148 and 148A of the Act – ITAT In a recent judgment, ITAT Agra has held that where proceedings u/s 153C were barred by limitation, AO can not take recourse was reopen …

Corporate guarantees executed by the corporate debtor constitute “financial debt” under IBC and banks to be recognized as financial creditors – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the corporate guarantees executed by the corporate debtor constitute “financial debt” within the meaning of …

The CIT(E) should have provided opportunity to assessee to produce documents and should have decided the application on its merit – ITAT In a recent judgment, ITAT Delhi has held that before rejecting registration u/s 12A(1)(ac)(ii), the CIT(E) should have provided opportunity to the assessee to produce the …

ITAT condemns irresponsible attitude and callous approach of the income-tax authorities making assessee shuttle between the CPC and jurisdictional AO In a recent judgment, ITAT Ahmedabad has expressed strong displeasure over the irresponsible attitude and callous approach of the income-tax authorities making assessee shuttle between the CPC and …

AO was not justified in assessing income as per ITR processed by CPC Bangalore u/s 143(1)(a) without giving effect to the rectification application u/s 154 – ITAT In a recent judgment, ITAT Varanasi has held that AO was not justified in assessing the income of the assesse as …

Term ‘scholarship’ and ‘stipend’ though different serve one purpose and exempt u/s 10(16) of the Income Tax Act – ITAT In a recent judgment, ITAT Raipur has allowed exemption u/s 10(16) towards stipend holding that term ‘scholarship’ and ‘stipend’ though different but the purpose is one and same …

When IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process – Supreme Court In a recent judgment, Hon’ble Supreme Court upheld that when IBC proceedings are used for as recovery mechanism, it amounts to an abuse of the insolvency process …