Category: Judgments

Case remanded as no finding was given whether cash payments disallowed u/s 40A(3) were covered by Rule 6DD under Income Tax Rules, 1962.  In a recent judgment, ITAT Lucknow has remanded the case as there was no finding by the CIT(A) or the Assessing Officer whether the cash …

In case of investment in share capital, the source of investment may remain outside the control of the investee company. In a recent judgment, Allahabad High Court has held in the case of investment in share capital, it is the investor company is to be assessed with respect …

Once Committee of Creditors in its commercial wisdom, decides to reject the Resolution Plan and liquidate the Corporate Debtor on account of the SRA default, there can be no interference. In a recent judgment, Supreme Court has held that once the Committee of Creditors (CoC) in its commercial …

Supreme Court refers the question of applicability of moratorium under IBC on proceedings u/s 138 of the NI Act to Chief Justice for constitution of a larger bench In a recent judgment, Hon’ble Supreme Court has held that moratorium provisions under Part III of the IBC cannot be …

In abated search assessments u/s 153A, AO’s investigative powers are wide and are not restricted to “incriminating material” only – High Court In a recent judgment, Hon’ble High Court has held that in an abated search assessments under Section 153A, the AO’s investigative powers are as wide as …

Supreme Court declines to entertain SLP due to constitution of the GST Appellate Tribunal  In a recent judgment, Hon’ble Supreme Court has declined to entertain a SLP against the decision of the Allahabad High Court whereby the High Court dismissed the appeal of the Petitioner against the order …

After notice u/s 143(2) is issued in scrutiny proceedings, summary processing u/s 143(1) is not permissible – ITAT In a recent judgment, ITAT Bangalore has held that once scrutiny proceedings initiated by issue of notice u/s 143(2), the assessment proceedings are set in motion under the regular assessment …

Assessment Order without digital or manual signature is non-est and illegal In a recent judgment, Delhi ITAT has held that an Assessment Order without digital or manual signature is non-est and illegal ABCAUS Case Law Citation:5154 (2026) (05) abacus.in ITAT Important Case Laws relied upon by Parties In …

Once assessee filed ITR, in response to the notice u/s 148 of the Act, even beyond time prescribed, Assessing Officer is required to issue notice u/s 143(2) – ITAT In a recent judgment, ITAT Lucknow has held that once the assessee has filed the return, in response to …

Voluntary declaration of additional income by increasing WIP was not proper, as assessee will take the additional benefit in the subsequent year – ITAT In a recent judgment, ITAT has held that voluntary declaration/surrender of additional income by the assessee during the survey should not have been made …