Category: Judgments

Validity of assessment u/s 144/147 can be challenged in rectification Petition u/s 154 – ITAT In a recent judgment, ITAT Mumbai has held that validity of assessment order u/s 144/147 can be challenged in rectification Petition u/s 154 when there is a mistake apparent from record but also …

Bonafide belief that TDS was deducted and no additional tax was payable accepted by ITAT In a recent judgment, ITAT Mumbai has held that the submissions of the assessee, that she was under a bonafide belief that the tax at source was deducted properly and no additional tax …

With passing of order u/s 143(3) intimation u/s 143(1) got merged with the same and independently lost its force – ITAT  In a recent judgment, ITAT Delhi has held that when order under Section 143(3) is passed by the AO, the order of intimation under Section 143(1) of …

Orders passed u/s 148A(d) and 148 quashed for not providing copies of audit objection, all relevant documents and personal hearing  In a recent judgment, Hon’ble Allahabad High Court quashed the orders passed under Section 148A(d) and under Section 148 for not providing copies of audit objection, all relevant …

Technical defects can not be ignored in era of e-filing, AO was directed to consider revised Audit Report in Form 10CCB  In a recent judgment, ITAT Guwahati has held that technical defects can not be ignore in this new era of e-filing, Assessing Officer was directed to consider …

CPC not justified in disallowing deduction u/s 80JJAA when Audit Report was available on the date of processing the return – ITAT  In a recent judgment, ITAT Pune has held that CPC was not justified in disallowing deduction u/s 80JJAA when Audit Report though filed belatedly, was available …

Notice issued u/s 148 invalid if not signed digitally or manually by Assessing Officer – ITAT  In a recent judgment, ITAT Kolkata quashed the assessment order u/s 147 as the notice  issued u/s 148 was invalid as it did not bear the signature of Assessing Officer either digitally …

Interest paid on borrowed funds utilized for investment in group companies for strategic business purpose with commercial expediency cannot be disallowed u/s 36(1)(iii) – ITAT In a recent judgment, ITAT Chennai has held that interest paid on borrowed funds utilized for investment in group companies for strategic business …

Writ Court not to interfere if Petitioner has no defence to object to a special audit u/s 142(2A) In a recent judgment, Hon’ble High Court of Jharkhand has held that in a proceeding under Article 226 of the Constitution, the writ Court shall not exercise its discretionary jurisdiction …

Supreme Court reprimands Income Tax Department for filing SLPs with considerable delays Supreme Court reprimands the Income Tax Department for filing Special Leave Petitions with considerable delays only to seek an imprimatur of the Apex Court ABCAUS Case Law Citation:ABCAUS 4171 (2024) (07) SC In A recent judgment, …