Judgements Uploaded By Users In Category: Income-Tax Act
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The Bombay High Court has held that S. 11 : Property held for charitable purposes – Carry forward of deficit – Excess expenditure incurred by trust in earlier years – Set off against income of subsequent years – Permissible – Appeal of Revenue dismissed. [S. 11(1)(a), 11(1)(d), 260A.] The Revenue challenged the Tribunal’s order allowing the assessee–trust to carry forward the deficit… Read More ...
The Bombay High Court has held that S. 270A : Penalty for under -reporting and misreporting of income - Transfer Pricing adjustment – Advanced Pricing Agreement – No order passed u/s. 92CD(3) on modified return – Virtual hearing mandatory under Faceless Penalty Scheme – Penalty order quashed and matter remanded to AO to grant virtual hearing and pass fresh speaking order within… Read More ...
The Bombay High Court has held that S. 143(3) Assessment – Disallowance of expenditure – Business income - Entries in the books of account is not conclusive- Alternative remedy – No deduction of expenses claimed either by assessee or unit holders – Addition made by AO wholly without jurisdiction – Writ petition maintainable – Assessment order quashed. [S. 10(23FBA), 28(i), 37(1), 115UB,… Read More ...
The Supreme Court has held that Condonation of 3966 days delay: Courts ought not give a legitimizing effect to such callous attitude of State authorities or its instrumentalities, and should remain extra cautious, if the party seeking condonation of delay is a State-authority. They should not become surrogates for State laxity and lethargy. Constitutional courts ought to be cognizant of the… Read More ...
The Delhi ITAT has held that Case of alleged bogus purchase: All details in the form of books of accounts, copy invoices, GR, bilties etc. were filed before the Assessing Officer and the AO without pointing out any specific defect therein rejected the books of account u/s 145(3) and made the impugned addition of Rs. Rs.12,86,416/- by applying the GP rate… Read More ...
The Delhi ITAT has held that Hon'ble ITAT held that Notice issued u/s 143(2) by the Assessing Officer on 24.09.2018 having been issued in violation of the binding CBDT Instruction No.F.No.225/157/2017/ITA-II dated 23.06.2017. The CBDT u/s 119 of the Act issued the above instructions prescribing mandatory revised formats for all scrutiny notices issued u/s 143(2) of the Act. These instructions are… Read More ...
The Bombay High Court has held that S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-PF/ESI contribution-Subsequent decision of Supreme Court-Cannot be ground for rectification-Tribunal erred in recalling its order on the basis of subsequent ruling-Writ petition allowed. [S. 254(1), 143(1)(a), 36(1)(va), 43B, 260A, Art. 226, CPC O. 47 R.1] The assessee filed return for AY 2019–20. CPC disallowed employees’… Read More ...
The ITAT Mumbai has held that S. 73 : Loss in share trading-Speculation loss-Set-off-Not allowable against profit from F&O transactions-Arbitrage operations- Explanation to S.73 operates independently of S.43(5)-Speculative loss cannot be adjusted against F&O business income. [S. 28(i), 43(5)] The assessee, a stock broker, engaged in arbitrage operations, simultaneously purchased shares in the cash segment and sold them in the F&O… Read More ...
The Bombay High Court has held that S. 143(3) : Assessment- Appeal pending before CIT(A)-Writ- Alternate remedy-Writ petition not maintainable- Extraordinary jurisdiction-Not to be invoked when alternate statutory remedy is available- The Court directed CIT(A) to dispose of the appeals (both against assessment and penalty orders) within eight weeks. [S. 144B, 250, Art. 226] The assessee challenged the assessment order passed, demand… Read More ...
The Mumbai Tribunal has held that S. 151 : Reassessment-Sanction for issue of notice-Notice issued under section 148 with sanction of PCIT instead of JCIT-Survey- Invalid sanction-Assessment held to be null and void. [S. 133A, 143(3), 151(2), 147 , 148] The assessee, engaged in stock broking and financial services, had filed its return which was assessed under section 143(3). Subsequently, on… Read More ...