Category: Judgments

Maintainability of appeal must be decided at the outset not at fag end – ITAT In a recent judgment, ITAT Chandigarh has observed that whether the appeal is maintainable and is filed within the prescribed time limit must be decided at the outset and not at the fag …

Powers and statutory discretion conferred on the commissioner of income tax to condone delay u/s 119(2)(b) ought to be judiciously exercised so that undue hardship to the assessee is avoided – High Court In a recent judgment, Hon’ble Bombay High Court has observed that powers and statutory discretion …

Excise classification of coconut Oil in small packings. Pure coconut oil sold in small quantities as edible oil classifiable under Heading 1513 – Supreme Court In a recent judgment, a full bench of Hon’ble Supreme Court has held that generally pure coconut oil sold in small quantities as …

Section 271J Penalty on CAs was challenged in Madras High Court. The Court had accepted the writ petition. However, the appeal was dismissed for non appearance of Petitioner In a recent judgment, Madras High Court dismissed the Writ Petition challenging Section 271J Penalty on CAs. The Court had …

Assessment order passed u/s 143(3) adopting the income computed by CPC u/s 143(1) does not mean that the challenge to CPC order passed u/s 143(1) will not survive. In a recent judgment, ITAT Delhi held that AO passing the assessment order u/s 143(3) adopting the assessed income as …

Passing order without waiting assessee’s compliances till the date it was allowed, goes against the principle of natural justice – ITAT In a recent judgment, ITAT Raipur has held that passing of an order without waiting for the assessee’s compliances till the date up to which it was …

No bar to upload Form 10IE, for opting New Tax Regime in subsequent Assessment Year, even after one Form 10IE for previous Assessment Year stands rejected due to its late submission i.e. beyond the due date – ITAT In a recent judgment, ITAT Jaipur has asked CBDT to …

Addition u/s 68 on account of cheque received from director of the company on the last day of the financial year which was reversed on 1st day of next financial year – SLP dismissed In a recent order Hon’ble Supreme Court has dismissed the SLP of the assessee …

CIT(A) can not dismiss appeal in limine by merely stating the assessment order passed by AO is upheld and that I donot want to interfere with the assessment order In a recent judgment, the ITAT Agra observed that CIT(A) was not justified in dismissing appeal in limine without …

ITAT deleted penalty u/s 270A observing that law does not bar or prohibit a person from making a claim, when he knows the matter is going to be examined by the Assessing Officer In a recent judgment, the ITAT Hyderabad deleted the penalty u/s 270A observing inter alia …