Category: Judgments

In the absence of enquiry on discrepancy in turnover between tax audit report vis-à-vis turnover disclosed in P&L account, order of AO was erroneous and prejudicial to the interest of the revenue. In a Recent judgment, ITAT Surat has held in view of discrepancy in the figure of …

Registration u/s 12A cannot be rejected simply on the basis of mentioning of a wrong section code which is a curable defect – ITAT  In a recent judgment, ITAT Amritsar has held that registration under section 12A cannot be rejected simply on the basis of mentioning of a …

ESIC can’t invoke Section 45A on the allegation of inadequacy of record but only in case of non-production of the record – SC In a recent judgment, Hon’ble Supreme Court has held that the statutory scheme of ESI Act does not allow the ESIC to invoke Section 45A …

Tender condition of experience in the same name and style of tenderer can not overlook experience in joint venture unless specifically excluded so in eligibility criteria. In a recent judgment, Hon’ble Supreme Court has held that disqualifying applicant from tender on technical evaluation by not taking into account …

Receipt of immovable property from relative is not taxable u/s 56(2)(x) and cannot be brought o tax u/s 68 for difference in stamp duty valuation and value declared in gift deeds. In a recent judgment, ITAT Chennai has held that receipt of immovable property from a ‘relative’ is …

Rejecting condonation of delay and dismissing appeal without verifying medical certificates – ITAT sets aside order of CIT(A) In a recent judgment, ITAT Lucknow set aside the order of the CIT(A) as he rejected the assessee’s request for condonation of delay without conducting any independent inquiry regarding the …

Common Area Maintenance (CAM) Charges cannot, by any stretch, be construed as payment of rent liable to TDS under section 194-I – Supreme Court dismissed SLP.  In a recent judgment, Hon’ble Supreme Court has dismissed SLP of the Income Tax Department against the judgment of the High Court …

SC upheld that merely producing audit objection in order u/s 148A(d) ignoring reply of assessee is non application of mind In a recent judgment, the Hon’ble Supreme Court upheld the judgment of Gujarat High Court in holding that merely producing of audit objection in the order under Section …

In an insurance claim if it is established that damage was caused by fire, then reasons by which the fire took place becomes irrelevant. In a recent judgment, Hon’ble Supreme Court has held that in an insurance claim if damage is caused by fire, then the reason by …

Assessee cannot be granted immunity from prosecution u/s 276B for late deposit of TDS merely because ultimately TDS was deposited belatedly – Delhi High Court In a recent judgment, Hon’ble Delhi High Court has held that an assessee cannot be granted immunity from prosecution under section 276B for …