Category Archives: Income Tax Judgments

No Income tax on sale of agriculture land just because it is to be used for industrial purpose by purchaser : GUJARAT HC

By | August 16, 2018

HIGH COURT OF GUJARAT Principal Commissioner of Income Tax, Rajkot-1 v. Heenaben Bhadresh Mehta M.R. SHAH AND A Y. KOGJE, JJ. R/TAX APPEAL NO. 672 OF 2018 JUNE  26, 2018 Mrs. Mauna M Bhatt for the Petitioner. JUDGMENT M.R. Shah, J. – Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.12.2017 passed by the learned Income… Read More »

ITR is invalid if no application made for condonation of delay for rectifying errors : GUJARAT HC

By | August 6, 2018

The assessee had not furnished the audit report previously. The assessee’s return was required to be accompanied by the report of the audit as referred to in section 44AB of the Act. This was clearly not done. The Assessing Officer was within his rights to raise this defect in the return and seek its rectification.… Read More »

CIT(A) could pass order on issues which weren’t raised earlier in Appeal : HC

By | August 6, 2018

The purpose and object of the orders passed under the Act is to ensure that the Act is properly implemented and the Assessee is not burdened with tax which under the law, it is not obliged to pay. Thus, the finding in the impugned order dated 2nd September, 2004 in the peculiar facts of this… Read More »

Exp. incurred on education of director’s son not allowed as Business Expense : BOMBAY HC

By | August 2, 2018

Exp. incurred on education of director’s son not allowed as Business Expense In the case in hand, Appellants-Assessee is a company manufacturing copper foils. Son of one of the directors was sent to USA for completing course in Business Administration which was ‘general’ in nature and had no direct nexus with the business activities of… Read More »

Expenses incurred on abandoned project was revenue expenses as no new Asset is created : MADRAS HC

By | August 1, 2018

The abandoned project was not a new one and it was a decision taken by the Government after about 12 years after the petitioner was invited to take over the project, which was already in existence, as they were an expert in the same line of business. Therefore, on facts, we find that the CIT… Read More »

Penalty imposed is valid for obtaining & repaying cash loans exceeding Rs. 20000 : MADRAS HC

By | August 1, 2018

In course of inspection of the books of A. Kannan, it was found that the appellant assessee had repaid loan of Rs. 20,00,000/- in cash to A. Kannan on various dates. Held Statutory provisions which prohibit acceptance of repayment of loans in cash are binding on all Income Tax payees and breach thereof attracts the… Read More »

Revised Income Tax Return filed after issuance of scrutiny notice is valid: Mumbai ITAT

By | July 31, 2018

Assessee filed the revised return of income after issuance of notice under section 143(2) of the Act, the Assessing Officer held that the said revised return of income filed by the assessee claiming deduction under section 54 of the Act being invalid is not acceptable Held There is no bar/restriction in the provisions of section… Read More »

Notice in name of deceased is invalid , No time limit for legal heirs to intimate death of assessee to Income Tax Department : MADRAS HC

By | July 26, 2018

Can the Income tax Department issue Notice in the name of dead Person ? Video Tutorial by CA Satbir Singh (Voice in Hindi , Slides in English)  explaining why Notice in name of deceased is invalid Revenue does not dispute the factum of death of the said Mr.S.Veerappan on 26.1.2010, as evidenced from the death certificate,… Read More »

Allow filing of ITR without furnishing Aadhaar No : Delhi High Court Judgment

By | July 25, 2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 24, 2018 + W.P.(C) 7444/2018, C.M. APPL. No. 28499/2018 SHREYASEN, & ANR. ….. Petitioner Through: Ms. Tripti Poddar, Advocate versus UNION OF INDIA & ORS. ….. Respondent Through: Ms. Amrita Prakash, CGSC with Mr. Harishankar Sharma, Advocate for respondent No.1 Mr. Ruchir… Read More »

No reassessment because assessee failed to disclose bank a/c if it was submitted during assessment : Bombay High Court

By | July 24, 2018

HIGH COURT OF BOMBAY Akshar Developers v. Assistant Commissioner of Income-tax, Central Circle-3, Thane M.S. SANKLECHA AND SANDEEP K. SHINDE, JJ. WRIT PETITION NO. 11441 OF 2017 JUNE  7, 2018 Ms. Ritika Agarwal, and Salman Balbale, Adv. for the Petitioner. Sham Walve, Adv. for the Respondent. JUDGMENT 1. Ms. Agarwal, Learned Counsel appearing for the petitioner seeks to amend the petition by… Read More »