Category: Judgments

Merely because deductor under misconception deducted TDS u/s 194C and 194J, it would not disentitle assessee, benefit under Sections 11 and 12 of the Act. In a recent judgment, The Hon’ble Supreme Court has dismissed the SLP of the Revenue against the the decision of the Delhi High …

Reopening quashed as AO failed to provide all information and relied upon material available alongwith notice u/s 148A(b) of the Income Tax Act, 1961 (the Act). In a recent judgment, ITAT Delhi quashed notice under section 148 as Assessing Officer failed to comply with the direction given by …

Cash withdrawn from the bank account cannot be considered as unexplained money when the turnover was not disputed – ITAT In a recent judgment, ITAT Jaipur deleted addition under section 69A holding that cash withdrawn from the bank account cannot be considered as unexplained money when the turnover …

Demand quashed as GST, interest and penalty demanded was in excess of the amount specified in the show cause notice issued. In a recent judgment, Hon’ble Allahabad High Court quashed the demand order issued by GST Officials on violation of section 75(7) as the amount of GST, interest …

Real vs. Notional Income has considerable judicial precedents in terms of directing assessment of only real income and not any notional one – ITAT In a recent judgment, Guwahati ITAT deleted addition made by AO for notional interest income on interest free advances by observing that concept of …

High Court grants bail under the provisions of BNSS, 2023 in a case registered under Section 132 of the Punjab Goods and Services Tax Act, 2017.  In a recent judgment, Hon’ble High Court of Punjab & Haryana has granted bail to the assessee under the provisions of Bharatiya …

Cash Advance received by the assessee and not doubted by AO can’t be rejected as source of cash available for deposits in bank – ITAT In a recent judgment, ITAT Agra held that when Assessing Officer (AO) accepted the advance received from customers in cash as genuine and …

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 …