Category: Judgments

Full TDS credit u/s 194Q cannot be denied merely because assessee is a commission agent and had disclosed only commission income. In a recent judgment, ITAT Chandigarh allowed full credit of TDS reflecting in Form 26AS to a commission agent as the provisions of section 194Q of the …

Complaint u/s 138 of N.I. Act against SICK company was valid when restraint order allowed it to draw to meet its day-to-day operations In a recent judgment, the Hon’ble Supreme Court has held that there was no embargo on filing a complaint u/s 138 of N.I. Act against …

ITAT confirms disallowance u/s 37(1) interest on delayed payment of services tax, TDS, late fees on delay in filing of TDS returns In a recent judgment, ITAT Allahabad upheld disallowance u/s 37(1) on account of interest paid on delay in payment of services tax, interest paid on delay …

Addition deleted for deposits in assessee’s bank account, fees of students of the school the assessee was employed. In a recent judgment, Allahabad ITAT deleted the addition made to the income of the assessee towards deposits in his personal bank account, fees of the students of his employer …

Despite that assessee had formed various AOP syndicates for carrying out the business for a definite share of profit, the share of the assessee in the profit of these syndicates and also, the undisclosed income of the syndicates cannot be added to the income of the member assessee. …

Assessment made on the basis of a defective return filed by the assessee is invalid assessment – ITAT In a recent judgment, ITAT Bangalore has held that a defective return filed by the assessee is non-est and no assessment / reassessment can be made in the invalid/defective return …

Deposit in CGAS u/s 54F(4) has no application if assessee invests the sale consideration within the period stipulated in Section 54F(1) – ITAT In a recent judgment, ITAT Bangalore has held that requirement to deposit in CGAS under section 54F(4) has no application to a case where the …

Section 13 of Income Tax Act applies only on the eligibility of exemption of income u/s 11 and not at the time of grant of registration u/s 12AB. In a recent judgment, Hon’ble Supreme Court dismissed the appeal of the CIT(E) against the High Court judgment upholding that …

Rejecting application for registration u/s 12AB without confronting society with inspector’s report was violation of the principle of natural justice – ITAT In a recent judgment, ITAT Amritsar has held that when inspector’s report was never confronted to the assessee society before rejecting the application for registration u/s …

Supreme Court punished Income Tax Officials with fine for launching prosecution u/s 276C without any order of the ITAT imposing penalty exceeding Rs. 50,000/- In a recent judgment, Hon’ble Supreme Court punished Income Tax Officials with fine for launching prosecution u/s 276C against the assessee for alleged wilful …