Category: Judgments
Without establishment sale transaction as long term capital gain, assessee is not entitled for deduction u/s 54F of the Act – ITAT In a recent judgment, ITAT Mumbai has held that without establishment the sale transaction as long term capital gain, he is not entitled for deduction u/s …
Order u/s 148A(d) quashed as show cause notice u/s 148A(b) was issued to the email address of demised director after his death In a recent judgment, Hon’ble Karnataka High Court quashed the order u/s 148A(d) and the show cause notice u/s 148A(b) of the Income Tax Act, 1961 …
Constitutional validity of GST arrest provisions upheld by Supreme Court together with power of courts to grant anticipatory bail In a recent judgment, Hon’ble Supreme Court upheld the constitutional validity of arrest under GST Act and also upheld the powers of courts to grant anticipatory bail and prohibiting …
Adjustment under Section 50C of the Act is not possible in processing of return under section 143(1) of the Income Tax Act, 1961 – ITAT In a recent judgment, ITAT Guwahati has held that adjustment under Section 50C of the Income Tax Act, 1961 is not possible within …
Action already taken u/s 73 of CGST Act, 2017 no ground to restrain Department from conducting audit under section 65 – High Court In a recent judgment, Hon’ble High Court of Punjab and Haryana has held that action / proceedings taken under Section 73 of the CGST Act, …
No Revision u/s 263 can be done on the ground that documents/material not looked into and analyzed by AO not in a particular manner In a recent judgment, ITAT Raipur has held that the exercise of revisional jurisdiction u/s 263 based on a conviction that the documents/material ought …
There is a difference between CBDT or its authorised member making an order u/s 119(2)(b) and some other officers making an order with the approval, even of the member of the CBDT. In a recent judgment, Hon’ble Bombay High Court while quashing the order passed u/s 119(2)(b) by …
Entire gross receipts of the Trust not registered u/s 12AA can not be taxed without giving allowance of expenditure incurred. In a recent judgment, ITAT Visakhapatnam in a case where the assessee trust was not registered u/s 12AA and not entitled for the benefit u/s 11 remitted the …
Onus is on assessee to prove and substantiate that he is in retail business, and eligible to claim presumptive of taxation u/s 44AD – ITAT In a recent judgment, ITAT Agra has held that onus is on the assessee to prove and substantiate that the assessee is in …
Minimum turnover clauses in Tenders can not defeat the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 – SC In a recent judgment, Hon’ble Supreme Court has held that minimum turnover clauses in Tenders can not defeat the Public Procurement Policy for Micro and Small …
