Category: Judgments

Sundry creditors outstanding in books can’t be treated income u/s 41(1) merely because recovery was barred by limitation – ITAT In A recent judgment, ITAT Bangalore has held that sundry creditors shown as outstanding in books could not be automatically treated as income liable to be taxed u/s …

For claiming exemption u/s 11, assessee is required to furnish return of income within time allowed u/s 139 and not u/s 139(1) of the Act – ITAT In a recent judgment, ITAT Pune has held that for claiming exemption u/s 11, assessee is required to furnish the return …

ITAT has jurisdiction to stay an order appealed against, even in absence of any subsisting tax demand. In a recent judgment, High Court has held that the ITAT has the jurisdiction to grant stay of the order cancelling Registration u/s 12A of the Income Tax Act notwithstanding that …

Accounting principles and provisions of law do not permit the addition in relation to an opening balance – ITAT In a recent judgment, ITAT Lucknow has held that accounting principles and provisions of law do not permit the addition in relation to an opening balance. Adverse reference, if …

Penalty levied for late supply of goods is an allowable deduction u/s 37 as late supply neither a crime nor a prohibited activity – ITAT In a recent judgment, ITAT Delhi has deleted addition made u/s 37 of Income Tax Act on account of penalty due to late …

Deduction u/s 80P(2)(d) towards interest received from cooperative banks is allowable to a cooperative society. In a recent judgment, Hon’ble Sikkim High Court has held that interest received from Cooperative banks is an allowable deduction u/s 80(P)(2)(d) to Cooperative Society. ABCAUS Case Law Citation:5025 (2026) (01) abcaus.in HC …

Supreme Court to decide difference between employees & employer contribution to PF, ESI for allowability under Section 43B of the Income Tax Act. In a recent case, the Hon’ble Supreme Court has admitted SLP to decide if there is difference between employees and employer contribution to PF, ESI …

There is no legislative mandate to collect tax at source under section 206C (1C) from the person involved in illegal mining or illegal transportation of minerals. Supreme Court dismissed SLP of Department. In a recent judgment, Hon’ble Supreme Court dismissed SLP of the Income Tax Department upholding Chhattisgarh …

In the absence of objection by donors to receipts mentioning that donations were towards corpus, it is assumed that donations were towards the corpus of the trust – ITAT In a recent judgment, ITAT Ahmedabad has held that when receipts categorically mentioned the fact of the donation having …

Credit in assessee’s capital account consequent to book entry adjustments in the books of the partnership firm can not be added u/s 68 – ITAT In a recent judgment, ITAT Mumbai has deleted addition under section 68 of the Income Tax Act holding that credit in the assessee’s …