Judgements and Orders, Supreme Court and High courts of India
Mere change of opinion does not provide jurisdiction for re-opening of assessment
Bimal Jain 28 February 2023 at 09:41
The Hon'ble Bombay High Court in Survival Technologies Pvt. Ltd. v. the Deputy Commissioner of Income Tax [Writ Petition No. 3035 of 2022 dated February 20, 2023] has set aside the notice issued under Section 148 of the Income Tax Act ("the IT Act")
Exemption of LTCG cannot be denied on residential property acquired by other than sale deed
Bimal Jain 27 February 2023 at 14:09
The ITAT, New Delhi inACIT v. Sh. Sanjay Choudhary [ITA No.1274/Del/2020 dated January 23, 2023] has affirmed the decision of the Appellate Authority holding that the exemption claimed under Section 54F of the Income Tax Act, 1961 (“the IT Act”) woul
Credit of TDS to be allowed for salaries even if the same is not deposited with the exchequer
Bimal Jain 25 February 2023 at 16:45
The ITAT, Pune in Mukesh PadamchandSogani v. ACIT, [ITA No.29/PUN/2022 dated January 30, 2023] has overturned the order passed by the Revenue Department for disallowing the Tax Deducted at Source ("TDS") to be provided to the assessee for the income
Assessee should not be left without remedy due to non-constitution of GST Tribunal
Bimal Jain 25 February 2023 at 11:16
The Hon'ble Telangana High Court in M/s. Southern Enterprises v. Appellate Joint Commissioner ST [W.P. No. 2471 of 2023 dated January 31, 2023] has set aside the order cancelling GST Registration of the assessee due to non-filing of GST Returns for t
The CESTAT, Chennai in M/s Sundaram Finance Ltd. [Service Tax Appeal No. 646 and 647 of 2012 dated February 22, 2023] has set aside the orders passed by the Revenue Department levying service tax on Foreclosure Charges ("FC") collected by the assesse
The Hon'ble Madras High Court in M/s Lucas TVS Limited v. Superintendent of GST and Central Excise and Ors. [W.P. No. 3636 of 2023 and W.M.P. No. 3720 of 2023 dated February 10, 2023] has directed theassessee to file a fresh representation before the
The Hon'ble Allahabad High Court in M/s Mohan Agencies v. State of U.P. And Another [Writ Tax No. 58 of 2023 dated February 13, 2023] has set aside the order passed by the Revenue Department, on the grounds that the opportunity of personal hearing wa
Notice issued without sufficient reasons to initiate reassessment is not sustainable
Bimal Jain 24 February 2023 at 16:43
The Hon'ble Bombay High Court in B.U. Bhandari Autolines Pvt. Ltd. v. The Assistant Commissioner of Income Tax, And Ors. [Writ Petition No. 5059 of 2022 dated February 10, 2023] has quashed the notice under Section 148 of the Income Tax Act, 1961 ('t
Revenue department cannot go beyond the scope of SCN to create new ground at the stage of adjudication
Shree 23 February 2023 at 17:29
The Hon'ble Jharkhand High Court in M/s. CJ Darcl Logistics Limited v. Union of India [W.P.(T) No. 215 of 2022 dated February 9, 2023] has quashed and set aside the Show Cause Notice ("SCN") and the consequent orders demanding reversal of excess Inpu
Penalty not leviable if there is reasonable cause for failure to get accounts audited
Bimal Jain 23 February 2023 at 11:25
The ITAT, Chennai in the Assistant Commissioner of Income Tax, v. Haneefa Sahib Shajahan,[I.T.A. No.931/Chny/2022 dated January 24, 2023] has upheld the decision of the Appellate Authority, deleting the penalty levied for failure to get accounts audi
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