Category: Judgments

In case of non-filer notice u/s 143(2) not mandatory and notice issued u/s 142(1) is sufficient – ITAT In a recent case, the ITAT Guwahati has held that in case of non-filer notice u/s 143(2) not mandatory and notice issued u/s 142(1) is sufficient ABCAUS Case Law Citation:ABCAUS …

One PAN was allotted to two taxpayers resulting Re-assessment order of wrong person quashed by High Court In a recent judgment, the Hon’ble High Court has quashed a re-assessment order passed u/s 147 on a wrong person because one PAN was allotted by the Department to two taxpayers …

Fixing three successive dates of hearing in a single notice invalid as adjudicating authority had to pass specific orders for adjournment on each date fixed In a recent judgment, the Hon’ble Allahabad High Court has quashed service tax demand and penalty holding that fixing three successive dates for …

Duty drawback cannot be a part of total turnover and is separately chargeable – ITAT In a recent judgment, the Surat ITAT has held that duty drawback received on export sales cannot be a part of total turnover and is separately chargeable. ABCAUS Case Law Citation:ABCAUS 4025 (2024) …

CIT(A) can not dismiss appeal in limine for non filing of written submissions by assessee In a recent judgment, the Agra ITAT has held that CIT(A) can not dismiss appeal in limine for not filing written submissions without deciding the issues on merits as per law in terms …

Addition could be made only for part of additional profit on sales corresponding to bogus purchase bills In a recent judgment, the Bombay ITAT has held that addition could be made only for part of additional profit on sales corresponding to bogus purchase bills ABCAUS Case Law Citation:ABCAUS …

Genuineness of transaction continuing from preceding year can not be disapproved without cogent material In a recent judgment, the Bombay ITAT has held that genuineness of the transaction continuing from preceding year can not be disapproved merely based on information received from the Investigation Wing ABCAUS Case Law …

ITAT deletes Penalty u/s 270A due to defective notice issued u/s 274 for not specification of penalty In a recent judgment, the Bombay ITAT has deleted Penalty u/s 270A due to defective notice u/s 274 for not determination of penalty and for not mentioning in penalty order why …

No additional evidence to be admitted by CIT(A) unless Assessing Officer is given opportunity of examining the evidence and rebut the same In a recent judgment, Hon’ble ITAT has held that as per Rule 46A, no additional evidence to be admitted unless CIT(A) gives Assessing Officer an opportunity …

Reply was not submitted as e-filing portal was closed, Assessment order set aside as time given for submitting reply was extremely short. In a recent judgment, Hon’ble High Court of Himanchal Pradesh has set aside the income tax assessment order where time granted for submitting reply to the …