Category: Judgments

Cash Advance received by the assessee and not doubted by AO can’t be rejected as source of cash available for deposits in bank – ITAT In a recent judgment, ITAT Agra held that when Assessing Officer (AO) accepted the advance received from customers in cash as genuine and …

Application for setting aside arbitral award u/s 34 of the Arbitration and Conciliation Act, 1996 filed on the next working day of the court, was within limitation period – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that the application for setting aside arbitral award …

No Penalty can be imposed u/s 270A by AO on the basis of difference in fair market value determined by the DVO on estimation basis with the sale deed price. In a recent judgment, ITAT Chennai has deleted Penalty under section 270A imposed by AO on the basis …

Under Arbitration Act 1940, clauses in contract merely barring contractor from claiming interest is no bar on arbitrator to grant Pendente lite interest. In a recent judgment, the Hon’ble Supreme Court had upheld grant of Pendente lite interest by the Arbitrator holding that under the provisions of the 1940 …

Order of Settlement Commission is conclusive and final in respect of the relevant assessment year and AO have no jurisdiction to reopen the assessment under section 147. In a recent judgment, Hon’ble Supreme Court has quashed the Special Leave Petition (SLP) against the judgment of the Hon’ble Gujarat …

Supplier ordered to compensate assessee GST demand & penalty imposed upon him due to GST paid to supplier was not reflecting in form GSTR-3B of the assessee. In a recent judgment, Hon’ble Allahabad High Court has ordered supplier to compensate and pay to the assessee/dealer the amount of GST …

Past savings can be a valid source of cash deposits unless proven otherwise by the Department – ITAT In a recent judgment, Lucknow ITAT has deleted addition made under section 69 towards cash deposited in bank account holding that past savings can be a valid source of cash …

Statement of directors or employees of company not subject to cross-examination by the company as these persons are not a third party. In a recent judgment, Hon’ble Kerala High Court has held that statement of the directors or employees of company need not be subjected to cross-examination by …

AO can’t pass order u/s 154 making additions merely on the admission made by the assessee in application submitted before Settlement Commission. In a recent judgment, ITAT Jaipur has held that Assessing Officer (AO) can not pass order u/s 154 for making additions to the income relying on …

High Court quashed order cancelling GST registration on the ground of obtaining two separate registration for the same nature of business. In a recent judgment, Hon’ble Allahabad High Court quashed order cancelling GST restoration on the ground of violation of section 25(2) for obtaining two registration for the …