Category: Judgments

High Court sets aside revisionary order purportedly passed earlier but dispatched after written Submissions were filed  In a recent judgment, Hon’ble High Court has set aside the revisionary order u/s 264 which purported passed earlier but dispatched only after the written submissions were filed by the assessee. ABCAUS …

Assessment u/s 147 on the basis of seized material found during search of third party void ab-initio – ITAT In a recent judgment, ITAT has quashed the re-assessment order passed u/s 147 holding that when incriminating material is seized belonging to person other than searched, assessment has to …

Reassessment order quashed as assessee could not join the link of personal hearing through video conferencing due to technical failure of the e-filing portal In a recent judgment, the Hon’ble High Court has set aside the reassessment order u/s 147 as the assessee could not join the link …

It is open to assessee to show that it was over assessed under erroneous impression of law even if it was the mistake of assessee – ITAT In a recent judgment, ITAT has set aside the issue of taxability of excise duty subsidy wrongly offered as taxable income. …

Education Cess cannot be allowed as an expenditure in view of the subsequent amendments in the Income Tax Act, 1961 – Supreme Court In a recent judgment, the Hon’ble Supreme Court had allowed the appeal of the Revenue observing that in view of the subsequent amendments in the …

Cash deposit in bank account cannot be shifted from a live person to a deceased assessee just because he was joint holder – ITAT In a recent judgment, the Hon’ble ITAT has quashed asssessment order on a deceased person holding that cash deposit in the bank account cannot …

Interest on compensation u/s 28 of Land Acquisition Act, 1894 is taxable income u/s u/s 56(2)(viii) rws 57(iv) of the Act – ITAT In a recent judgment, the Hon’ble ITAT has held that Interest received u/s 28 of Land Acquisition Act, 1894 is taxable income u/s u/s 56(2)(viii) …

GST Registration cancellation order passed without application of mind quashed by High Court In a recent judgment, the Hon’ble Allahabad High Court has quashed GST Registration cancellation order passed without application of mind being violative of Article 14 of the Constitution of India. ABCAUS Case Law Citation:ABCAUS 3970 …

ITAT partly confirms addition of site expenses as unexplained expenditure for being not accounted for in the books of accounts in the expense ledger In a recent judgment, the ITAT has confirmed the addition of unexplained expenditure u/s 69C towards site expenses not accounted for in the books …

Special Court presided by a Sessions Judge or an Additional Sessions Judge will have jurisdiction to try the complaint under the IBC 2016 In a recent judgment, the Hon’ble Supreme Court has held that Special Court presided by a Sessions Judge or an Additional Sessions Judge will have …