Category: Judgments

Prosecution against accountant u/s 276 B for delay in deposit of TDS quashed. The Court asked why instead of treating directors as principal officers the Income Tax Department was hell-bent in prosecuting its small-time employee. The Court warned the ITO that false deposition can make him face criminal …

Notice u/s 148 issued by ITO having jurisdiction over bank where assessee had account was held legal in view that there could be concurrent jurisdiction of two or more AOs over a particular assessee in terms of sub-section Section 120 (3) The instant Petition had been filed for …

CIT u/s 263 can not revise order passed by Commissioner Appeals to examine the same issue as assessment order made by Assessing Officer got merged with the order of the Appellate Commissioner. The instant appeals were filed by the Revenue challenging the orders passed by the Income Tax …

Income accumulated us 11(2) not deemed income when transferred from capital fund account to the income and expenditure account for utilisation within time allowed u/s 11(3)(c)-ITAT The instant appeal was preferred by the Revenue against the order passed by the Commissioner of Income Tax (Appeals) in deleting the …

Penalty u/s 271D when claim of cash imprest was sham and facile. The cash was itilised for making fixed deposits in the name of the assessee. High Court remanded case to ITAT The instant appeal was preferred by the Revenue against the order passed by the Income Tax …

Limitation for reassessment u/s 150(1) has to be counted on the date of assessment order passed by the AO assessing the income in the wrong hands – ITAT This appeal by the assessee was directed against the order of CIT (A) upholding the legality of the reassessment made …

Additions made on grounds other than reasons to believe recorded u/s 148-SC dismisses SLP of the assessee. Due to difference between Courts, High Court referred issue for Full Bench In the instant appeal, the assessee had challeneged legality of re-assessment proceedings on three counts. First, non furnishing of …

Person summoned by CCI for investigation and recording statement has right to be represented by an advocate subject to procedure to be laid down – High Court The present appeal had been filed by the Competition Commission of India (CCI/ Appellant) against the judgment of the High Court …

Partners capital not loan or deposit within the meaning of section 269SS – ITAT confirms deletion of penalty u/s 271D for capital contributed by partner in cash. The Revenue had filed this appeal against the order of the Commissioner of Income Tax (Appeals) whereby he deleted the penalty …

Invoking Section 56(2)(viib) to share premium received in limited scrutiny was not beyond the jurisdiction of the AO as the issue of share premium being correctly offered to tax was linked to the said section-HC ABCAUS Case Law CitationABCAUS 2348 ( 2018) 05 HC The Petitioner was a …