Category: Judgments

Reopening based on audit objection invalid when AO had all the information at the time of assessment In a recent judgment, High Court held that reopening of assessment based on audit objection would be invalid being a change of opinion where the Assessing Officer had all the information …

Under IBC, Adjudicating Authority not required to go into the inability of a corporate debtor to pay its debt – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that under IBC, NCLT is not required to go into the inability of a corporate debtor to …

Personal appearance of a director is not a statutory substitute for documented traceability in a corporate assessment – High Court In a recent judgment, High Court has held that personal appearance of a director is not a statutory substitute for documented traceability in a corporate assessment, especially when …

Claim of exemption u/s 10(26) of the Act cannot be granted merely on the basis of tribal status and residence – ITAT In a recent judgment, ITAT Guwahati has held that the claim of exemption u/s 10(26) of the Act cannot be granted merely on the basis of …

Statement recorded during search on standalone basis has no evidentiary value and cannot be acted upon to fasten any liability on the assessee – ITAT In a recent judgment, ITAT Hyderabad has held that a statement of assessee recorded at the time of search on standalone basis has …

Spectrum allocated to TSPs and shown in books of account as asset cannot be subjected to proceedings under IBC, 2016. In a recent judgment, Hon’ble Supreme Court has held that spectrum allocated to Telecom Service Provider (TSP) and shown in their books of account as an “asset” cannot …

Assessment order u/s 148 quashed as the petitioner had updated his e-mail ID in the IT Portal and the notices were sent to old email id. In a recent judgment, High Court quashed ex parte assessment order u/s 148 as the petitioner had updated his e-mail ID in …

Adjustment of income tax refund due to corporate debtor against old income tax dues shown in the balance sheet upheld In a recent judgment, High Court upheld the adjustment of income tax refund due to corporate debtor against old income tax dues shown in the balance sheet and …

Supply of information u/s 148A does not necessarily mean that entire material available on record have to be supplied to the assessee. In a recent judgment, High Court has held that supply of information u/s 148A does not necessarily mean that copies of the entire material available on …

In case of estimation of income, penalty under Section 270A of the Income Tax Act cannot be imposed – ITAT In a recent judgment, ITAT Ranchi has held that in case of estimation of income, penalty under Section 270A of the Income Tax Act cannot be imposed ABCAUS …