Income TaxHigh Court
  • Delhi High Court :Validity of prosecution u/s 276CC. Prosecution cannot be initiated validly until a... sanction as required u/s 278B is taken for each such person against whom prosecution is intended. Where the sanction letter given by the Principal Commissioner/appropriate authority mentioned only the name of company, prosecution initiated against the director held invalid. show more

    Jul 19, 2022
  • Mumbai High Court : S. 36(1)(vii): Where bad debts were written off in books, merely the fact that a...ssessee had filed suit for recovery cannot apply to mean that since the right to recover dues had not been forgone, the debts written off are not allowable u/s 36(1)(vii). The method of accounting has no relevance to the issue, merely because the Notes to Accounts mentions a bleak possibility of recovering the debts and that the entry would be reversed on such receipt, does not mean the debt has not been written off. show more

    Jul 18, 2022
  • Calcutta HC: If the AO found the explanation offered by the assessee to be not satisfactory, he shou...ld have recorded so with reasons in writing as to why the documents filed by the assessee does not go to establish the identity of the lender or prove the genuineness of the transaction or establish the creditworthiness of the lender and in the absence of any such finding, the order passed by the assessing officer was utterly perverse and rightly interfered by the CIT(A) and sustained by the ITAT deleting addition made u/s 68 of the Act show more

    Jul 14, 2022
  • Delhi HC: If no incriminating material is found during the course of the search in respect of an iss...ue, then no addition in respect of such an issue can be made u/s 153A and 153C of the Act as has been held in the case of Commissioner of Income Tax vs. Kabul Chawla, (2016) 380 ITR 573 (Del)  show more

    Jul 12, 2022
  • Calcutta High Court - Section 2(22)(e) of the Act would not be applicable where the assessee availed... unsecured loan from its group company which was paid back with interest in the same year show more

    Jul 11, 2022
  • Delhi High Court - A request for waiver of interest was made by the investee company which was accep...ted by the assessee. Hence, no substantial question of law arises for consideration in the present appeal show more

    Jul 11, 2022
  • Jharkhand High Court – The contention of the Revenue that though only three days’ time given to the assessee to file its reply but the order has been passed on seventh day as the Assessee did not file any reply, is not acceptable as the legislature has categorically stipulated mandatory timeline of minimum ‘Seven days’ and maximum ‘Thirty days’ to be given to the assessee before the order u/s 148A(d) can be passed for reassessment proceeding show more

    Jul 11, 2022
  • Orissa HC: Notice u/s 148 issued with approval of Joint CIT instead of CIT is unsustainable and cons...equently, the impugned notice, all consequential proceedings and orders pursuant thereto are quashed show more

    Jun 30, 2022
  • High Court, Karnataka - Secondment agreement constitutes an independent contract of services in resp...ect of employees with the assessee. show more

    Jun 24, 2022
  • P&H High Court: There is no reason to warrant interference exercising jurisdiction under Article... 226/227 of the Constitution of India at intermediate stage when the proceedings initiated are yet to be concluded by a statutory authority show more

    Jun 02, 2022
  • Delhi High Court: Section 139 A (5) (d) provides that it is the responsibility of the assessee to in...timate the A.O. with respect to any change in his address or in the name and nature of his business on the basis of which the Permanent Account Number was allotted. Further the Court can interfere in the writ jurisdiction only if there is a violation of principle of natural justice or the action of the respondent is ex-facie illegal and suffers from perversity and Issue on merit cannot be determined by this Court in the writ jurisdiction, the petitioner can raise this issue before the authorities below show more

    Jun 01, 2022
  • Delhi High Court: Where the appellant-revenue has consciously elected not to challenge the judgment ...of the Karnataka High Court holding that no TDS is required to be deducted by the assessee on payment of interconnect user charges as it cannot be categorized as fee for technical services it is not open to the revenue to challenge the correctness of the finding rendered by the Karnataka High Court in the case of other assessees without just cause. show more

    May 30, 2022
  • Rajasthan High Court: The mandate of Section 220(6) of the IT Act makes it very clear that once an a...ppeal is filed within time in the prescribed format, the assessee will not be deemed as an 'assessee in default' and there is no provision for filing of stay application. As per section 245 of the IT Act, the recovery can only be initiated after giving an intimation in writing to the assessee of the action that the AO proposes to take under this Section. Not following the mandatory requirement of intimation under Section 245 of the IT Act and also not following the principles of natural justice, is illegal, without authority and unjustified. The Assessing Officer is directed to issue a refund to the petitioner-assessee alongwith interest as specified in law adjusted by them in excess of 20% of the disputed demand for Assessment Year 2017-18 within a period of thirty days from the date of passing of this order show more

    May 25, 2022
  • Orissa High Court: Supreme Court only partly allowed the appeals of the Union of India and made a di...stinction between notices issued by the Department on or after 1st April, 2021 and those that have been issued prior thereto. Notice issued u/s 148 on dt.31st March 2021 for AY 2013-14 is beyond the period of 6 years after expiry of the assessment year in question and hence the impugned notice is quashed show more

    May 20, 2022
  • Allahabad High Court: Notice issued on dt.1-4-2021 for escapement of income below Rs.5000000/- for A...Y 2015-16 was barred by limitation as the limitation for issuing notice has expired on 31.03.2021 om view of instruction no.279 dt.11-5-2022 issued by CBDT. Accordingly the notice so issued and subsequent proceedings quashed show more

    May 20, 2022

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