Category: Judgments

When challan was not duly filled along with goods sent for job worker, detention and seizure of goods u/s 129 of the GST Act was not arbitrary. In a recent judgment, Hon’ble Allahabad High Court has held that when various descriptions as required under Rule 55 were not …

Section 40A(3) not applicable in respect of expenditure on fuel petrol paid to dealers of Petroleum companies. Directors remuneration also allowed as genuineness was not in question. In a recent judgment, ITAT Cochin has held that section 40A(3) of the Act has no application in respect of cash …

Where audit u/s 65 has already been conducted by GST authorities, there can not also a further scrutiny u/s 61 – High Court In a recent judgment, Hon’ble High Court of Orrisa has held where audit u/s 65 has already been conducted by State GST authorities, there can …

AO directed to allow exemption u/s 54 if assessee was entitled to it where assessee claimed deduction u/s 54F and was not entitled to it. In a recent judgment, ITAT Jaipur directed Assessing Officer to allow alternative claim of exemption u/s 54 of the Act instead of section …

Notice u/s 148 sent to some incorrect e-mail ID held as non-est and bad in law. ITAT quashed re-assessment order. In a recent judgment, ITAT Delhi held that notice u/s 148 sent to some incorrect e-mail ID was non-est and bad in law. ITAT quashed re-assessment order. ABCAUS …

How a father support his son either gifting him lump sum cash or at intervals is his prerogative – ITAT deleted addition In a recent judgment, ITAT Delhi has held that desire of a father how he would support his son either gifting him cash in lump sum …

Court of the place where cheque is presented have jurisdiction to entertain complaint under Section 138 of the N.I. Act. In a recent judgment, Hon’ble Supreme Court has held that court of the place where cheque is presented for collection, will have jurisdiction to entertain complaint alleging the …

Penalty u/s 271D can’t be imposed unless AO recorded satisfaction in the assessment order that alleged transaction of acceptance of loan would attract penal consequences. In a recent judgment, Hon’ble High Court of Andhra Pradesh has quashed penalty u/s 271D of the Income Tax Act, 1961 (the Act) …

Income Tax Department  can not sit over appeal and at the same time taking steps for getting assessment and penalty order being executed by resorting to coercive steps. In a recent judgment, Hon’ble High Court of Telangana quashed the order attaching the bank accounts of the assessee observing …

Penalty u/s 270A on account under reporting of income deleted as assessee relied upon Supreme Court judgments to claim income exempt In a recent judgment, ITAT Delhi has deleted penalty u/s 270A on account under reporting of income as assessee relied upon judgment of Hon’ble Supreme Court to …