Category: Judgments

Foreign Tax Credit cannot be denied merely because there is a delay in filing Form-67 which is directory and not mandatory. In a recent judgment, the ITAT Hyderabad has held that Foreign Tax Credit cannot be denied merely because there is a delay in filing Form-67 as consistently …

ITAT allows issue of CPC adjustment made in intimation u/s 143(1) to be examined in proceedings u/s 143(3) In a recent judgment, the ITAT Bangalore has allowed issue of CPC adjustment made in intimation u/s 143(1) to be examined in proceedings u/s 143(3) observing that the object for …

Minimum 7 days time to furnish reply to notice u/s 148A(b) was not required in cases covered by search – ITAT In a recent judgment, the ITAT Surat dismissed the jurisdictional challenge to the validity of notice u/s 148 on the ground of less than 7 days time …

Assessee being a non-tax payer, cannot be expected to view the Portal after a lapse of 8 eight years – High Court In a recent judgment, the Hon’ble Madras High Court has quashed reassessment order observing that a non-tax payer cannot be expected to view the Income Tax …

Amount of share capital received in earlier year can not be taxed as unexplained cash credit in subsequent Year – ITAT In a recent judgment, ITAT Kolkata deleted the addition made as unexplained cash credit u/s 68 for share capital received in earlier year on the pretext that …

Plea raised in response to the GST show cause notice, whether good, bad or indifferent, was required to be dealt with by the authority – High Court In a recent judgment, Hon’ble Allahabad High Court has quashed order passed u/s 73 of the UPGST Act holding that plea …

Assessee cannot be declined deduction u/s 80IA(4) merely on the ground that the assessee was not a developer but was a contractor only – ITAT In a recent judgment, ITAT Mumbai has held that assessee cannot be declined deduction u/s 80IA(4) merely on the ground that the assessee …

Merely for the reason of no VAT registration of the vendor, the genuineness of payment cannot be doubted – ITAT In a recent judgment, ITAT Hyderabad has allowed expenditure towards cost of improvements to house property observing that merely for the reason of no VAT registration for the …

Re-assessment order upheld despite where no addition was made for reasons on the basis of which the reassessment was initiated. In a recent judgment, Hon’ble Guwahati High Court has upheld the re-assessment order where no addition was made in regard to the reasons on the basis of which …

Even if no response is filed to notices u/s 61 and 73 of GST Act, it is incumbent on the GST Authorities to pass an order in compliance of provisions of Section 75(6) – High Court In a recent judgment, Hon’ble Allahabad High Court has held that even …