Category: Judgments

Burden of proof is on assessee to adduce cogent evidence that land sold was an agricultural land – Supreme Court dismisses SLP. In a recent judgment, Hon’ble Supreme Court dismissed SLP of the assessee against the judgment of Hon’ble Kerala High Court holding the land sold by the …

Civil Court decreed refund of security deposit of VAT era as in GST Regime there is no requirement of security deposit at the time of registration. In a recent judgment, Civil Court Judge decreed refund of security deposit in the form of Fixed Deposit given at the time …

Pursuing remedy through rectification application u/s 154 within time, is a reasonable cause for condonation of delay in filing of appeal before CIT(A). In a recent judgment, ITAT Lucknow has accepted the plea that pursuing remedy through application u/s 154 of Income Tax Act within time, should be …

ITAT allows depreciation on highway project awarded on DBOT basis In a recent judgment, ITAT Delhi allows depreciation on highway DBOT project rejecting the argument that assessee was not the owner of the road constructed by it and ownership of the asset is sine qua non for claiming …

Once assessee satisfies conditions mentioned in section 270AA, the Assessing Officer would be bound to grant immunity In a recent judgment, Hon’ble Calcutta High Court set aside penalty order under section 270AA of the Income Tax Act holding that once assessee satisfies conditions mentioned in the section, the …

Allahabad High Court disposes GST appeals observing that the functioning of GST Appellate Tribunal are put to motion Allahabad High Court disposes GST appeals observing that once the procedure has been notified and appointments of the Presidents and the Members have been made to the respective Benches of …

Date of dispatch of notice as per ITBA portal and date of communication by email may not necessarily be the same – ITAT quashed notice 148A In a recent judgment, ITAT Hyderabad quashed notice under section 148A as invalid holding that date of dispatch of notice as per …

In a recent judgment, Bombay High Court held that assignment of leasehold rights for consideration would not amount to supply of service under GST Act. In a recent judgment, Bombay High Court held that assignment of leasehold rights for a consideration shall be assignment/sale/transfer of benefits arising out …

Date of digital signature and issuance determines the date of a notice u/s148 of the Income Tax Act – ITAT In a recent judgment, ITAT Chennai has held that date of digital signature and issuance determines the date of a notice u/s148 of the Income Tax Act, 1961 …

Net profit rate may not per se experience variation commensurate to the increase of turnover. In a recent judgment, Allahabad High Court has held that net profit rate may not per se experience variation commensurate to the increase of turnover. No principle in law is available to necessarily …