Category: Judgments

Agriculture income cannot be worked out on the basis of sale bills, purchases of pesticides etc., but on the basis of landholding, crops grown and expected yield – ITAT In a recent judgment, ITAT Chandigarh has held that the agriculture income cannot be worked out on the basis …

Addition u/s 69A deleted as there was no difference in the quantity of jewellery found during search and jewellery declared in the wealth tax return. In a recent judgment, ITAT Hyderabad deleted addition u/s 69A as Assessing Officer (AO) made addition only on the basis of value of …

It is incumbent upon AO to give full credit of TDS as per Form 26AS though full TDS could not be filled in the return of income – ITAT In a recent judgment, ITAT Lucknow has upheld the direction of the CIT(A) to AO to give full credit …

Penalty u/s 271DA deleted for receiving cash above Rs. 2 lakhs from farmers against sale of tractors.  In a recent judgment, the ITAT Delhi has deleted penalty u/s 271DA holding that the assessee had bona fide reasons to receive cash over and above Rs. 2 lakhs from the …

Bank can’t freeze account of company because director of company was facing a matrimonial dispute with his wife – High Court In a recent judgment, the Hon’ble Allahabad High Court has directed bank to allow the petitioner company to operate its current account which was freezed by it because …

Penalty u/s 271E deleted for repayment in cash unsecured loan taken from founder director to meet expenses when bona-fide of transaction was not disputed. In a recent judgment, the ITAT Rajkot has deleted penalty u/s 271E of the Income Tax Act, 1961 (the Act) because due to bank …

Mere act of dishonor of cheques issued by a chartered accountant would not amount to misconduct – High Court In a recent judgment, the Hon’ble Delhi High Court held that mere act of dishonor of cheques issued by chartered accountant would not amount to misconduct. Whether dishonour of …

High Court incorrectly exercised writ jurisdiction to preclude statutory mechanism and procedure under IBC from taking its course –Supreme Court In a recent judgment, the Hon’ble Supreme Court set aside the order of the High Court and held that it incorrectly exercised writ jurisdiction as it precluded the …

Cost imposed on Authorities for cancelling GST Registration of the assessee without assigning any reason  In a recent judgment, the Hon’ble Allahabad High Court has imposed a cost on GST Authorities for cancelling GST Registration of the assessee without assigning any reason for cancellation. ABCAUS Case Law Citation:4418 …

Penalty u/s 272A(1)(d) deleted. Though law is equal to all, its implementation should not be in a way to take undue advantage of the inability of the assessee – ITAT  In a recent judgment, the ITAT Mumbai has deleted penalty u/s 272A(1)(d) of the Income Tax Act, 1961 …