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Category : Recent Case Laws

G.S.TLatestRecent Case Laws

Union of India vs. Mohit Minerals Pvt. Ltd. – No GST under RCM on Ocean Freight on CIF basis

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by Team Taxcharcha01830
On 19th May 2022, the Supreme Court of India bench comprising Hon’ble Justice Dhananjaya Y Chandrachud, Hon’ble Justice Surya Kant and Hon’ble Justice Vikram Nath...
G.S.TGSTLatestRecent Case Laws

The Supreme Court affirms the decision of Madras High Court wherein it was held that Rule 89(5) does not restrict itself to ITC on goods but it also includes ITC on services while claiming refund under Inverted Duty Structure. (13-09-2021)

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by Team Taxcharcha0406
Facts of the Case Writ petitions under Article 226 of the Constitution were instituted before the High Court of Gujarat and the High Court of...
Income TaxLatestRecent 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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by Team Taxcharcha01263
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 TaxLatestRecent 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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by Team Taxcharcha02170
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...
G.S.TLatestRecent Case Laws

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

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by Team Taxcharcha01339
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 TaxLatestRecent 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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by Team Taxcharcha01017
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 TaxLatestRecent 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

Team Taxcharcha
by Team Taxcharcha0927
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 TaxRecent 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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by Team Taxcharcha0462
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...
G.S.TGSTLatestRecent Case Laws

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

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by Team Taxcharcha0687
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2020/05/Karnataka-AAR-3.odt” comments=”true” SVG=”true”] To download the Karnataka AAR, click here Karnataka AAR – Aggregate Turnover – Director Salary – Anil Kumar Agrawal To join...
Income TaxLatestRecent 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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by Team Taxcharcha0565
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 TaxLatestRecent 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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by Team Taxcharcha01896
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 TaxIncome TaxLatestRecent 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

Team Taxcharcha
by Team Taxcharcha0927
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 TaxLatestRecent Case Laws

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

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by Team Taxcharcha01051
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 TaxIncome TaxLatestRecent 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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by Team Taxcharcha0620
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 TaxIncome TaxLatestRecent 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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by Team Taxcharcha0465
  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 TaxIncome TaxLatestRecent 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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by Team Taxcharcha0610
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/12/ITAT-Delhi-1-2.odt” comments=”true” SVG=”true”] To download the complete order, click here  ITA No.1720-Del-2015-ACIT vs. Gracious Project Pvt. ltd....
Income TaxIncome TaxLatestRecent 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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by Team Taxcharcha0939
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/12/ITAT-Delhi-1-1.odt” comments=”true” SVG=”true”]...
Income TaxIncome TaxLatestRecent 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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by Team Taxcharcha02921
[docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/12/ITAT-Mumbai_1.odt” comments=”true” SVG=”true”]...
Income TaxRecent 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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by Team Taxcharcha02352
    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/ITAT-Delhi.odt” comments=”true” SVG=”true”]   To Download, M/s Singhal Exim Pvt.Ltd., Vs. Income Tax Officer, ITA No.6520/Del/2018...
Income TaxRecent 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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by Team Taxcharcha0828
    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/Supreme-Court-Civil-Appeal-No.-5282-of-2005.odt” comments=”true” SVG=”true”]   To Download order, Supreme Court Civil Appeal No. 5282 of 2005...
Income TaxRecent 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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by Team Taxcharcha0466
    [docxpresso file=”https://taxcharcha.com/wp-content/uploads/2019/04/ITAT-Delhi-05.04.2019_2019-1.odt” comments=”true” SVG=”true”]   To Dowload , Shree Mahadev Cotex Vs ITO. ITA No. 6447/Del/2018...