Category: Income Tax

Cross-objection would not be maintainable in an income tax appeal to High Court under Section 260A In a recent judgment, Delhi High Court has held that cross-objection would not be maintainable in an income tax appeal to High Court under Section 260A of Income Tax Act, 1961. ABCAUS …

Adjustment of refund against outstanding demand without considering objections and without providing opportunity of hearing, violative of principles of natural justice. In a recent judgment, Bombay High Court has held that adjustment of refund against the outstanding demand without considering objections and without providing assessee opportunity of hearing …

Mere producing purchase and sales vouchers along with books did not mean that the Assessing Officer was not required to make inquiry into cash deposits.  In a recent judgment, ITAT Lucknow has upheld the revisionary order u/s 263 on the ground that mere fact that purchase and sales …

Opening balance or existing Fixed Deposits if free from lien qualifies as accumulation of income under section 11(2) of the Income Tax Act, 1961 In a recent judgment, ITAT Bangalore has held that opening balance or existing Fixed Deposits which is free from any lien constitutes sufficient compliance …

Without establishment sale transaction as long term capital gain, assessee is not entitled for deduction u/s 54F of the Act – ITAT In a recent judgment, ITAT Mumbai has held that without establishment the sale transaction as long term capital gain, he is not entitled for deduction u/s …

Order u/s 148A(d) quashed as show cause notice u/s 148A(b) was issued to the email address of demised director after his death In a recent judgment, Hon’ble Karnataka High Court quashed the order u/s 148A(d) and the show cause notice u/s 148A(b) of the Income Tax Act, 1961 …

Adjustment under Section 50C of the Act is not possible in processing of return under section 143(1) of the Income Tax Act, 1961 – ITAT In a recent judgment, ITAT Guwahati has held that adjustment under Section 50C of the Income Tax Act, 1961 is not possible within …

No Revision u/s 263 can be done on the ground that documents/material not looked into and analyzed by AO not in a particular manner In a recent judgment, ITAT Raipur has held that the exercise of revisional jurisdiction u/s 263 based on a conviction that the documents/material ought …

There is a difference between CBDT or its authorised member making an order u/s 119(2)(b) and some other officers making an order with the approval, even of the member of the CBDT.  In a recent judgment, Hon’ble Bombay High Court while quashing the order passed u/s 119(2)(b) by …

Entire gross receipts of the Trust not registered u/s 12AA can not be taxed without giving allowance of expenditure incurred.  In a recent judgment, ITAT Visakhapatnam in a case where the assessee trust was not registered u/s 12AA and not entitled for the benefit u/s 11 remitted the …