Category: Judgments

Order u/s 148A(d) set aside as sanctioning authority wrongly recorded that no response was filed in response to the notice issued u/s 148A(b). In a recent judgment, Hon’ble Calcutta High Court held that the order u/s 148A(d) was vitiated as the sanction granting authority had wrongly recorded that …

Supreme Court declines to entertain inordinate delay of seven/six years in filing appeal by shifting responsibility of delay on counsel- SLP dismissed In a recent judgment, Hon’ble Supreme Court dismissed the SLP against the judgment of the High Court upholding the ITAT order that shifting responsibility of delay …

When assessee is given immunity from disclosing chicken, can’t be asked to disclose eggs – ITAT deleted addition u/s 69A In a recent judgment, ITAT quashed addition u/s 69A towards interest income on money declared under IDS-2016 observing that when the assessee is given immunity not to disclose …

Order passed by NFAC quashed as section 151A of e-assessment of income escaping assessment scheme 2022 had not commenced at the time of issuance of notice In A recent judgment, ITAT Guwahati quashed order passed by NFAC as the provisions of Section 151A had not come into operation …

Full TDS credit u/s 194Q cannot be denied merely because assessee is a commission agent and had disclosed only commission income. In a recent judgment, ITAT Chandigarh allowed full credit of TDS reflecting in Form 26AS to a commission agent as the provisions of section 194Q of the …

Complaint u/s 138 of N.I. Act against SICK company was valid when restraint order allowed it to draw to meet its day-to-day operations In a recent judgment, the Hon’ble Supreme Court has held that there was no embargo on filing a complaint u/s 138 of N.I. Act against …

ITAT confirms disallowance u/s 37(1) interest on delayed payment of services tax, TDS, late fees on delay in filing of TDS returns In a recent judgment, ITAT Allahabad upheld disallowance u/s 37(1) on account of interest paid on delay in payment of services tax, interest paid on delay …

Addition deleted for deposits in assessee’s bank account, fees of students of the school the assessee was employed. In a recent judgment, Allahabad ITAT deleted the addition made to the income of the assessee towards deposits in his personal bank account, fees of the students of his employer …

Despite that assessee had formed various AOP syndicates for carrying out the business for a definite share of profit, the share of the assessee in the profit of these syndicates and also, the undisclosed income of the syndicates cannot be added to the income of the member assessee. …

Assessment made on the basis of a defective return filed by the assessee is invalid assessment – ITAT In a recent judgment, ITAT Bangalore has held that a defective return filed by the assessee is non-est and no assessment / reassessment can be made in the invalid/defective return …