Category: Judgments

Section 263 makes it incumbent to the Pr. CIT to conduct enquiry. In a recent judgment, Hon’ble High Court of Chhattisgarh has held that Section 263 makes it incumbent to the Pr. CIT to conduct enquiry. The reasons for satisfaction or non-satisfaction are required to be recorded. ABCAUS …

Section 263 do not give unfettered power to PCIT to revise each and every order – ITAT In a recent judgment, ITAT Delhi has held that section 263 of the act does not give unfettered power to PCIT to revise each and every order to re-examine the issues …

When assessee himself declared income as business or profession AO could not be directed to consider claim u/s 54/54F of the Act  In a recent judgment, ITAT Chennai held that when assessee himself declared income under the head “business or profession” and no capital gain was declared, no …

GST appeal cannot be dismissed for non filing certified copy of impugned order In a recent judgment, Hon’ble Allahabad High Court has reiterated that non filing of certified copy of the impugned order within time in the GST appeal filed through electronic mode is a technical error and …

Survey not a short cut assessment proceedings. ITAT explains intricacies of survey In a recent judgment, ITAT Chandigarh has held that survey is not a short cut assessment proceedings or summary assessment, explained intricacies of survey u/s 133A of the Act. ABCAUS Case Law Citation:4230 (2024) (08) abcaus.in …

Deductor cannot be treated an assessee in default till payee also failed to pay tax directly. Before holding assessee in default, AO must establish that payee failed to pay tax directly – ITAT In a recent judgment, ITAT Jaipur has held that in cases of non deduction of …

Income Tax Proceedings based on diaries, loose sheets without corroborative evidence held contrary to the law declared by the Hon’ble Apex Court  In a recent judgment Hon’ble Supreme Court has dismissed the SLP of the Income Tax Department against the judgment of the Hon’ble Karnataka High Court which …

No under reporting of income if income assessed u/s 143(3) is same as per return processed u/s 143(1)(a) – ITAT In a recent judgment, the ITAT Delhi has held that there is no under reporting of income u/s 270A as income assessed u/s 143(3) and income determined in …

Cash basis accounting of late payment surcharge on electric bill held not prejudicial to Revenue In a recent judgment, the Hon’ble High Court of Meghalaya has upheld the order of ITAT that accounting of electricity late payment surcharge on cash basis instead of accrual basis was not prejudicial …

High Court restored the appeal as it was dismissed only due to no provision under GST Act to condone delay In a recent judgment, Hon’ble Madras High Court quashed the impugned order in DRC-07 and remanded the case as assessee’s appeal was rejected only on the ground that …