Category: Judgments
When reasons for reopening were never sought by assessee plea can not be taken that reasons not supplied or not supplied within reasonable time In the instant case, the assessee had challenged the order passed by the CIT(A) in sustaining the proceedings u/s 147/148 of the Income Tax …
Bad debts claimed u/s 36(1(vii) disallowed as only provision was made and bad debts not written off in books of account In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming disallowance of bad debts claimed u/s 36(1)(vii) of the Income Tax …
CIT approval u/s 153D in bulk draft assessment orders on a single day held to be mechanical approval vitiating entire proceedings. ABCAUS Case Law CitationABCAUS 3555 (2021) (10) ITAT Important case law relied referred:Shri Navin Jain vs. DCIT In the instant case the assessee had taken an additional …
Notice u/s 148 for reassessment proceedings issued when the company was no longer in existence and was dissolved by the orders of the Registrar of the Companies was invalid – ITAT ABCAUS Case Law CitationABCAUS 3553 (2021) (10) ITAT Important case law relied referred:National Thermal Power Co. Ltd. …
Without specific communication of deficiency, no effective opportunity of being heard can be said to have been granted In a recent judgment the ITAT has held that without specific communication of deficiency in submissions made, no effective opportunity of being heard can be said to have been granted …
No modifications or withdrawals of CoC-approved Resolution Plans at behest of successful Resolution Applicant once plan submitted to Adjudicating Authority- Supreme Court In a recent judgment the Hon’ble Supreme Court have held that under theĀ existing insolvency framework in India there is no scopeĀ for further modifications or …
Formula for Refund of ITC u/s 89(5) is not ultra vires. Supreme Court urges GST Council to reconsider formula and take a policy decision ABCAUS Case Law CitationABCAUS 3550 (2021) (09) SC Important case law relied referred:VKC Footsteps India Pvt. LtdTvl. Transtonnelstroy Afcons Joint Venture Section 54 of …
Power to grant personal hearing under Faceless Appeal Scheme 2020- Supreme Court to decide if discretion be limited to Chief Commissioner and Director General only CBDT in August 2020 notified Income Tax Faceless assessment Scheme 2020. Section 144B provides that in a case where a variation is proposed …
Addition for handling loss in petrol pump allowed as it was within permissible limit of 0.75% prescribed by Essential Commodities Act ABCAUS Case Law CitationABCAUS 3548 (2021) (09) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made …
Application for Registration u/s 12A can not be rejected for mere not filing of income-tax return In the instant case, the assessee had challenged the order passed by the Commissioner of Income-tax (Exemption) under section 12AA (1) (b) (ii) of the Income Tax Act, 1961 (the Act) rejecting …