Category: Judgments

TDS can’t be denied where assessee offered income from NHAI contracts in earlier years but TDS had been deducted in subsequent assessment years In a recent judgment, ITAT Delhi has held that TDS cant be denied in a situation wherein, the assessee had offered income from NHAI contracts …

Procedure is handmaid of justice – ITAT deleted addition made as a consequence of filing wrong ITR by assessee. In a recent judgment, ITAT Chandigarh has held that procedure is handmaid of justice. Assessee cannot be said to gain anything by filing a wrong ITR intentionally, knowing that …

CBDT scrutiny guidelines are only for compulsory selection and does not preclude random selection for scrutiny by the Assessing Officers. In a recent judgment, Hon’ble Patna High Court has held that CBDT guidelines are only for compulsory selection of returns for scrutiny and it does not preclude random …

Non supplying “reasons to believe” to assessee made the assessment lacking valid assumption of jurisdiction – ITAT In a recent judgment, ITAT Raipur has held that when the Assessing Officer (AO) despite specific request of the assessee failed to provide to him a copy of the “reasons to …

High Court directs CBDT to issue instruction u/s 119 for recalling notice issued to a dead person In a recent judgment, Hon’ble Bombay High Court while quashing a notice u/s 148 issued in the name of a deceased person, has advised CBDT to issue an instruction under Section …

Bulk entries passed in books of accounts cannot be said to be entirely bogus expenses – ITAT In a recent judgment, the ITAT Chennai has held that practice of making bulk entries in books of accounts is indeed an accounting anomaly, but cannot be straightaway construed as booking …

CIT(A) exceeded his legal brief directing verification of receipts before granting of TDS In a recent judgment, the ITAT Kolkata has held that the CIT(A) exceeded his legal brief directing Assessing Officer (AO) to verify the receipts before granting of credit of TDS duly reflected in Form 26AS. …

Rectification order u/s 154 quashed by High Court, CPC directed to give Foreign Tax Credit In a recent judgment, the Hon’ble Madras High Court has set aside the rectification order passed u/s 154 and directed Centralized Processing Center (CPC) Bengaluru to take into consideration the Foreign Tax Credit …

Income tax prosecution u/s 276B rws 278B – Trial Court directed to consider Immunity in terms of CBDT circular In a recent judgment, the Hon’ble Allahabad High Court in a case of income tax prosecution u/s 276B r.w.s. 278B for late deposit of TDS has given liberty to …

Income surrender during survey on account of low GP rate not taxable to higher tax rate under deeming provisions u/s 115BBE – ITAT  In a recent judgment, the ITAT Chandigarh has held that mere fact that survey has been carried out on the business premises of the assessee …