Category: Judgments

ITAT condoned delay of 346 days observing law and provisions are laid down to benefit both sides of litigation. In a recent judgment, ITAT Rajkot condoned the delay of 346 days in filing appeal observing that provisions of law have to be adhered strictly and that one cannot …

Negative blocking of Electronic Cash Leger – Supreme Court dismissed SLP of the GST Department challenging the order of Delhi High Court  In a recent judgment, Supreme Court has dismissed SLP of the GST Department challenging the order of Delhi High Court directing lifting of negative blocking of …

No fault in invoking Revisionary jurisdiction u/s 263 to direct AO to issue correct penalty notice by modifying the reassessment order – ITAT  In a recent judgment, ITAT Ahmadabad has held that the revisionary jurisdiction invoked u/s 263 by directing the Assessing Officer to issue correct penalty notice …

Agricultural land cannot be taken out of the purview of section 56(2)(x) of the Income Tax Act, 1961 (the Act) which uses the term “immovable property”.  In a recent judgment, ITAT Ahmedabad has held that agricultural land cannot be taken out of the purview of section 56(2)(x) of …

High Court declined to interfere with acquitting the assessee from prosecution u/s 278AA launched by Income Tax Department for non deposit of TDS within due dates.  In a recent judgment, Hon’ble Delhi High Court declined to interfere with Trial Court judgment acquitting the assessee from prosecution under section …

Limitation to issue notice 148 to legal representative do not apply from the first notice issued to deceased father  – Allahabad High Court In a recent judgment, Hon’ble Allahabad High Court has held that limitation to issue notice 148 of the Income Tax Act, 1961 to the legal …

Unless it is shown that money withdrawn from bank was utilized for some other purpose, no addition can be made merely because there was a time gap between a withdrawal and re-deposit of money In a recent judgment, the ITAT Allahabad has held that unless the Revenue can …

Onus lies on assessee to prove amount received from clients towards expenses were actually expended for the purpose intended. In a recent judgment, the ITAT Delhi has upheld that for amount received from clients towards expenses reimbursement, onus lies on assessee to prove that the expenses were wholly …

ITAT deleted addition u/s 68 in the case of Mrs Swapna Roy wife of deceased Subrata Roy of Sahara India for cash deposited in bank account In a recent judgment, the ITAT Delhi in the case of Mrs Swapna Roy wife of deceased Subrata Roy of Sahara India, …

Assessment order set aside as show cause notice was sent to the chartered accountant of the assessee who neither informed regarding notice nor filed any reply.  In a recent judgment, Karnataka High Court set aside the assessment order as the show cause notice was sent to the chartered …