Category: Judgments
Exemption u/s 11 denied on filing wrong ITR-5 instead of ITR-7 by mistake. A genuine and inadvertent mistake by filing ITR-5 instead of ITR-7 as a trust needs to be considered in its proper prospective – ITAT In a recent judgment, ITAT while remanding the case held that …
Reopening notice u/s 148A quashed as assessee’s reply was not visible on e-filing portal due to technical glitch In a recent judgment the Hon’ble High Court has quashed the reopening notice issued u/s 148A of the Income Tax Act, 1961 (the Act). as assessee’s reply was not visible …
Assessee while removing defect u/s 139(9) can not revise income originally returned. A corrected return does not have an independent existence and only aids to validate the original return of income filed by the assessee In a recent judgment ITAT has quashed the demand raised by CPC holding …
Letter of an ITO is not an appealable order before Commissioner (Appeals) u/s 246A – ITAT In a recent judgment ITAT has dismissed the appeal of the assessee holding that Letter of an ITO is not an appealable order for the purpose of Section 246A of the Act. …
ITAT allows exemption u/s 11 when audit report in Form 10B was uploaded but could not be approved due to technical glitch In a recent judgment ITAT has allowed the exemption u/s 11 when audit report in Form 10B was uploaded within due date but could not be …
Escapement of income u/s 147 has to be established with concrete information under amended Act– High Court In a recent judgment Hon’ble High Court has made an extensive comparison of the amended provisions of income tax act 1961 with respect to escapement of income and held that under …
Explaining source of cash payment not a valid ground for not invoking disallowance u/s 40A(3) – ITAT In a recent judgment the ITAT has held that explaining source of cash payment not a valid ground for not invoking disallowance u/s 40A(3) of the Income Tax Act, 1961 (the …
Prosecution u/s 276C and 278B upheld for not declaring income surrendered during search in return filed in response to notice u/s 153A In a recent judgment the Sessions Court has upheld the prosecution under section 276C and 278B of the Income Tax Act, 1961 (the Act) for not …
Penalty u/s 271B deleted as notices were uploaded on portal only, assessee being a divorcee lady could not access income tax portal In a recent judgment ITAT has deleted the penalty u/s 271B as the notices were uploaded on the portal only and assessee was a divorcee lady …
Income surrendered in relation to hospital building construction by doctor was not unexplained investment u/s 69 liable to higher tax u/s 115BBE – ITAT In a recent judgment ITAT has held that the surrender of income by a practicing doctor towards understatement of hospital construction expenses can not …