Judgements Uploaded By Users In Category: Income-Tax Act
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The Gujarat High Court has held that S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless regime-Notice issued by Jurisdictional Assessing Officer (JAO) after 01.04.2022-Held to be valid-The Court clarified that paragraph 3 of the Scheme requires only automated allocation, not faceless issuance-Writ petitions dismissed-Not followed Hexaware Technologies Limited v. ACIT [2024] 162 taxmann.com 225/ 464 ITR 430 / 338… Read More ...
The Mumbai Tribunal has held that S. 69C : Unexplained expenditure-Bogus Purchases- Accommodation entries Assessing Officer disallowed 100% purchases as bogus purchases-CIT( A) restricted the disallowance to 8% of purchases against 100% of disallowed by the Assessing Officer-on appeal by Revenue the Tribunal affirmed the order of the Assessing Officer and confirmed 100% of bogus purchases. [S. 37, 68, 143(3), 147,… Read More ...
The Delhi High Court has held that The GST Department and even other Departments, including the IT Department ought to be careful while citing judicial precedents, specially if the same has been produced or accessed through Artificial Intelligence software, as there is a clear possibility of the citations themselves being fake Judicial precedents clearly demonstrate the risk of Artificial Intelligence hallucinating, by… Read More ...
The ITAT-Mumbai in ITA No. 1574/Mum/2025 has held that ITAT Mumbai vide 2 separate orders passed by both members quashes reassessment proceedings for AY 2018-19 initiated in April,2022 on the ground that the sanction for issuing notices under sections 148A(d) and 148 was wrongly obtained from the PCIT instead of the PCCIT, as required under Section 151(ii) once more than three years had elapsed.… Read More ...
The ITAT, D Bench, has held that The assessee, Moraj Group Hospitalities Inc., appealed against the penalty of ₹24,72,000 levied under section 271(1)(c) for AY 2015-16, which arose from an addition of ₹80 lakhs made in reassessment relating to a loan from Dhanvi Corporation. The assessee argued that the penalty order and notices were invalid because the Assessing Officer failed to specify… Read More ...
The ITAT, B bench, Shri Pawan Singh (JM), Smt. Renu Jauhri (AM) has held that The assessee, a registered charitable trust running an educational institution and eligible for exemption under sections 11, 12A/12AB and 80G, filed its return for AY 2018–19 in time along with a duly obtained audit report in Form 10B dated 25.09.2018. However, the digital upload of Form 10B on the income-tax portal occurred on 27.06.2019. AO/… Read More ...
The ITAT, F bench, Shri Saktijit Dey (Vice President), Shri N. K. Billaiya (Accountant Member) has held that The assessee, Ultima Realtors Pvt. Ltd., a company whose name was struck off by the Registrar of Companies filed an appeal against the order of the CIT(A) for AY 2014–15. The CIT(A) dismissed the appeal as “not maintainable,” stating that the company’s name had been struck off and therefore could not file an appeal. However,… Read More ...
The ITAT, E bench, Shri Pawan Singh (Judicial Member), Smt. Renu Jauhri (Accountant Member) has held that The assessee, Haresh Damji Shah, was a joint tenant along with his wife in a residential premises in Dadar, Mumbai. The property underwent redevelopment, and under a Permanent Alternate Accommodation Agreement (PAAA), the assessee surrendered his tenancy rights in exchange for a new residential flat, car parking, hardship compensation, transit rent, shifting charges, brokerage and… Read More ...
The Bombay High Court has held that Notice u/s 148 issued to a company which ceased to exist after its conversion into a LLP is illegal as it has been taken against a non- existent entity (i) We find that the issue regarding the invalidity of a notice issued to a non-existent entity is no longer res-integra and is covered by the… Read More ...
The Income Tax appellate Tribunal A Bench Delhi has held that we are inclined to sustain the ground holding that the disallowance in regard to delayed deposits of employees contribution could not have been made by way of rectification proceedings u/s 154 of the Act. The ground is sustained. The appeal is allowed. Read More ...