Category : Recent Case Laws

Income Tax Latest Recent Case Laws

Not passing a separate order for disposing off the objections of the assessee is a clear violation of law laid down by the Hon’ble Apex Court in the case of GKN Driveshaft – ITAT Delhi

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M/s Admach Auto Limited vs DCIT  ITA No. 9543/Del/2019 Pronounced on 18th December, 2020 The hon’ble ITAT Delhi, in a recent judgment, held that “the...
Income Tax Latest Recent Case Laws

Mentioning of wrong section and wrong facts in the reasons recorded for reopening of the assessment u/s 148 made the reassessment liable to be quashed – ITAT Delhi

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Maheshwari Roller Flour Mills Pvt. Ltd. vs. ITO ITA No. 4257/Del/2019 Pronounced on 17.12.2020 In the recent judgment by the Hon’ble ITAT Delhi, it was...
GST Latest Recent Case Laws

Rectification of GSTR- 3B stayed by the Supreme court of India in case of Bharti Airtel Limited

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Union of India vs. Bharti Airtel Ltd.  SLP no. 8654/2020 Pronounced on 17.07.2020 The Hon’ble Supreme Court of India, in a recent judgment stayed the...
Income Tax Latest Recent Case Laws

Where a company has been dissolved, such dissolution may be set aside within a period of two years from the date of such dissolution under section 356 of the Companies Act, 2013 – Supreme Court of India

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Action ISPAT And Power Pvt. Ltd.  vs. Shyam Metalics and Energy Ltd.  Civil Appeal No. 4042-4043 of 2020 Pronounced on 15th December, 2020 Thus, in...
Income Tax Latest Recent Case Laws

For the imposition of penalty u/s 271(1)(c) of the Act either concealment of particulars of income or furnishing inaccurate particulars of such income are since qua non – ITAT Delhi

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M/s Aryahi Buildwell Pvt Ltd. vs ACIT ITA No. 139/Del/2017 Pronounced on 16.12.2020 In the recent case, it was observed by the Hon’ble ITAT that...
Income Tax Recent Case Laws

Where the Petitioner fails to acknowledge the complete details during the search procedure of “Primary Persons”, the same can be the basis for “reason to suspect” for issuance of new WOA for carrying on the Search on Petitioner – Delhi High Court

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Shilpa Chowdhary vs. Principal Director of Income Tax (Investigation) W.P.(C) 5207/2020 & CM Appl 18787/2020 dated 07.12.2020 In short In a recent judgment by the...
GST GST Latest Recent Case Laws

Karnataka AAR – Anil Kumar Agrawal – Executive Director Salary exempt from GST

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To download the Karnataka AAR, click here Karnataka AAR – Aggregate Turnover – Director Salary – Anil Kumar Agrawal To join our whatsapp group, click...
Income Tax Latest Recent Case Laws

the provisions of Sec.2(22)(e) were not applicable since the payment was mere reimbursement of expenditure by M/s PHL – ITAT Mumbai

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The provisions of Sec.2(22)(e) were not applicable since the payment was mere reimbursement of expenditure by M/s PHL. However, Ld. CIT(A) proceeded on wrong footing...
Income Tax Latest Recent Case Laws

Service of notice upon a dead person under section 142(1) would not authorise him to assume jurisdiction to pass assessment order on the Legal Representatives – ITAT Ahemdabad

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It is found that before service of notice under section 142(1), assessee had already expired. His legal heirs did not file return for this assessment...
Income Tax Income Tax Latest Recent Case Laws

Where the assessee provided all the confirmation of the creditors at the CIT(A) level, the orders of the lower authorities set aside and send back for reconsideration – ITAT Delhi

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During the assessment proceedings, the Assessee fails to provide confirmation of 04 creditors and the AO added the whole amount of creditors to its income....
Income Tax Latest Recent Case Laws

Registration u/s 12AA of the Income Tax Act, 1961

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Registration u/s 12AA of the Income Tax Act, 1961 nowhere stipulates that the trust should carry on certain charitable activities. The object of the “proposed”...
Income Tax Income Tax Latest Recent Case Laws

Where the assesse has made the FDR out of borrowed funds, the interest on such FDRs cannot be added back by invoking the provisions of section 57(iii) of the Income Tax Act, 1961 – ITAT Delhi

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Crux : Where the assesse has made the FDR out of borrowed funds, the interest on such FDRs cannot be added back by invoking the...
Income Tax Income Tax Latest Recent Case Laws

Where the additions and disallowances are deleted by the higher authorities, there is no basis for levying penalty u/s 271(1)(c) of the Act – ITAT Delhi

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  Crux : Where the additions and disallowances are deleted by the higher authorities, there is no basis for levying penalty u/s 271(1)(c) of the...
Income Tax Income Tax Latest Recent Case Laws

Where no satisfaction note in the searched persons proceeding recorded separately, the jurisdiction assumed u/s 153C in the case of the assessee is not in accordance with provisions of section 153C – ITAT Delhi

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To download the complete order, click here  ITA No.1720-Del-2015-ACIT vs. Gracious Project Pvt. ltd....
Income Tax Income Tax Latest Recent Case Laws

Where the order is passed ex parte making an addition of Rs. 6 Lacs, the case is remanded back to CIT(A) directing it to provide final opportunity of being heard to the assessee

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Income Tax Income Tax Latest Recent Case Laws

Where the notice issued u/s 271(1)(c) read with section 274 of the act does not specify whether the penalty is for concealment of income or for furnishing of inaccurate particulars of income, the same is bad in law and no penalty can be levied.

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Income Tax Recent Case Laws

That the return of notices issued under Section 133(6) unserved by the postal authorities is not sufficient to reach to the conclusion that sales to those parties are not genuine where the assesse has provided all the documentary evidence to prove genuineness of the sales. Further, disallowance on the ground of non-genuine sales cannot be a basis for addition u/s 68 of the Income Tax Act, 1961 – ITAT Delhi

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      To Download, M/s Singhal Exim Pvt.Ltd., Vs. Income Tax Officer, ITA No.6520/Del/2018...
Income Tax Recent Case Laws

When an amount is paid as Dharmada along with the sale price of goods, such payment is not made in consideration of the transfer of goods. Such payment is meant for charity and is received and held in trust by the seller – SC

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      To Download order, Supreme Court Civil Appeal No. 5282 of 2005...
Income Tax Recent Case Laws

Having regard to the manner in which the Assessing Officer has issued notice under section 274 r.w.s. 271(1)(c) of the Act without striking off the irrelevant words, the penalty proceedings show a non-application of mind by the Assessing Officer and is, thus, unsustainable.- ITAT Delhi

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      To Dowload , Shree Mahadev Cotex Vs ITO. ITA No. 6447/Del/2018...
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