Category: Judgments

Addition u/s 40A(3) deleted- CBDT can not impose new condition for grant of benefit which are not provided in Act or Rules – ITAT In a recent judgment, ITAT has deleted addition u/s 40A(3) towards cash purchases observing that Income Tax authorities can’t imposed new condition for grant …

Assessee mislead by claiming deduction for Bad debts written off when in fact at the same time it treated the same as liabilities under the head ‘provisions’ in the balance sheet. In a recent judgment, Hon’ble High Court has dismissed a Writ Petition challenging the notice u/s 148 …

Prosecution u/s 276B rws 278AA quashed by High Court as delay in depositing TDS was due to maternity leave of the staff and subsequent conduct of the assessee In a recent judgment, Hon’ble High Court has quashed the prosecution u/s 276B / 278AA launched by the Income Tax …

Penalty u/s 272B for non-quoting of PAN deleted as show cause notice u/s 274 did not specified default done by the assessee In a recent judgment, ITAT has deleted Penalty u/s 272B for non-quoting PAN as show cause notice issued u/s 274 did not clearly specified default done …

What is registered e-mail address of assessee for issuance of notice u/s 148A(b)? Allahabad High Court explains, quashes re-assessment proceedings for notice sent to wrong email id. In a recent judgment, Hon’ble Allahabad High Court has explained the provisions of section 144B in determining the registered e-mail address …

Creditworthiness proved when agricultural income not accepted by the Department in toto but the portion not accepted treated income from other sources In a recent judgment, ITAT has held that when agricultural income returned by partners was accepted albeit under different head of income, there can be no …

Exemption u/s 11 denied on filing wrong ITR-5 instead of ITR-7 by mistake. A genuine and inadvertent mistake by filing ITR-5 instead of ITR-7 as a trust needs to be considered in its proper prospective – ITAT In a recent judgment, ITAT while remanding the case held that …

Reopening notice u/s 148A quashed as assessee’s reply was not visible on e-filing portal due to technical glitch In a recent judgment the Hon’ble High Court has quashed the reopening notice issued u/s 148A of the Income Tax Act, 1961 (the Act). as assessee’s reply was not visible …

Assessee while removing defect u/s 139(9) can not revise income originally returned. A corrected return does not have an independent existence and only aids to validate the original return of income filed by the assessee In a recent judgment ITAT has quashed the demand raised by CPC holding …

Letter of an ITO is not an appealable order before Commissioner (Appeals) u/s 246A – ITAT In a recent judgment ITAT has dismissed the appeal of the assessee holding that Letter of an ITO is not an appealable order for the purpose of Section 246A of the Act. …