Category: Judgments

Denial of Capital gain deduction u/s 54B for agricultural land purchased in the name of wife Supreme Court stays High Court order The Chhatisgarh High Court had denied the benefit of exemption under Section 54B of the Income Tax Act, 1961 where the land was purchased in the …

CIT(A) was justified in considering surrounding circumstances, the normal human conduct of a prudent investor, the probabilities to judge creditworthiness of investors – High Court In a recent judgment, Hon’ble Calcutta High Court has held that surrounding circumstances, the normal human conduct of a prudent investor, the probabilities …

High Court frowns at Provisional attachment orders passed u/s 83(1) GST lifted only their illegality being questioned In a recent judgment, the Hon’ble Allahabad High Court has expressed displeasure over not lifting of Provisional attachment orders passed under section 83(1) of CGST Act and lifted only their illegality …

In Faceless assessment grant of opportunity of personal hearing is not optional at discretion of the Assessing Officer its waiver is an exception to be exercised by the assessee – Allahabad High Court In a recent judgment, Hon’ble Allahabad High Court has held that in Faceless assessment grant …

High Court quashed reopening of assessment on the incorrect presumption that no return of income had been filed Re-assessment order u/s 147 quashed as reopening done on wrong assumption of non filing of return of income. In a recent judgment, Hon’ble Bombay High Court has quashed re-assessment order …

In absence of mala fide intention bank should not be treated as assessee in default for late deduction and deposit of TDS – ITAT In a recent judgment, ITAT has held that in absence of mala fide intention bank should not be treated as assessee in default for …

Whether bank account was fraudulently open in the name of assessee is question of fact. High Court declined to entertain Writ Petition Whether bank account was fraudulently open in the name of assessee is question of fact. AABCAUS Case Law Citation:ABCAUS 3992 (2024) (05) HC In the instant …

Trade Tax Department was unjustified in retaining refund beyond stipulated period and adjusting it against default notices issued subsequently. In a recent judgment, the Hon’ble Supreme Court has held that Trade Tax Department was not justified in retaining refund amount beyond the stipulated period and then adjusting refund …

Notice issued u/s 143(2) prior to filing of return of income by the assessee was invalid. Before filing ITR provisions of section 143(2) can not be triggered.  In a recent judgment, ITAT has held that notice issued under section 143(2) of the Act prior to filing of return …

Order u/s 148A(d) passed against non-existent entity is bad in eyes of law. Mere activation of PAN not give right to issue notice to a non-existent entity In a recent judgment, Hon’ble High Court has held that Order u/s 148A(d) passed against non-existent entity is bad in eyes …