All High Courts

Notice for reopening of assessment against a dead person is invalid

Rupa Shyamsundar Dhumatkar Vs ACIT & Ors. (Bombay High Court)

Impugned notice of reopening of assessment was issued on a dead person. There are several judgments of different High Courts holding that the notice or reopening of assessment is invalid in law. Suffice it to say, as per the settled law, notice for reopening of assessment against a dead person is invalid....

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HC orders release of detained goods on Compliance with GST Rule 140(1)

Rajan Joseph Vs Asstt. State Tax Officer & Ors. (High Court Kerala)

It is seen that an identical matter has been disposed of by a Division Bench of this Court in W.A. No. 1802 of 2017, directing expeditious completion of the adjudication of the matter and permitting release of the goods detained pending adjudication, in terms of rule 140(1) of the Kerala Goods and Services Tax Rules, 2017....

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Section 143A is effective prospectively & s. 148 is effective retrospectively to pending cases

M/s. Ginni Garments and anr. Vs M/s Sethi Garments (Punjab & Haryana High Court)

If the provisions are substantive in nature then the same cannot be applied Retrospectively to the pending cases. However, if the provisions are procedural in nature then the same has to be applied to all the cases, including the one pending before the Court....

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Sec. 68 addition cannot be made merely for exorbitant premium

Principal Commissioner of Income Tax Vs M/s. Chain House International (P) Ltd.) (Madhya Pradesh HC)

Addition under section 68 on account of bogus share capital and exorbitant premium was not justified as where the funds had been received through banking channel  and there was no dispute about the identity, creditworthiness and genuineness of the investors. ...

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Pre-GST Cases should be decided at the earliest : Allahabad HC

M/s Lg Electronics (India) Pvt Ltd Vs State of U.P. And 04 Others (Allahabad High Court)

M/s LG Electronics (India) Pvt Ltd Vs. State of U.P. (Allahabad High Court) The Sale Tax regime came to an end on 13th May, 1994. Thereafter, Trade Tax regime came into force by U.P. Act No. 31 of 1995 with effect from 14.5.1994 but, the scheme of the erstwhile that continued without any change in […]...

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Registration U/s. 12AA cannot be denied for non filing of Income Tax Return

CIT Vs Shekhawati Public School Samiti (Rajasthan High Court)

It cannot be concluded on the basis that the assessee had not filed its income tax returns in earlier years that the activities of the assessee were not genuine. There was no dispute that the objects of the assessee-society were not charitable or the activities of assessee were not being carried on in accordance with the stated objectives...

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TDS U/s. 194J deductible on Fees shared between hospital & doctors

CIT Vs Asian Heart Institute and Research Centre Pvt. Ltd. (Bombay High Court)

CIT Vs Asian Heart Institute and Research Centre Pvt. Ltd. (Bombay High Court) In the present case, it has been recorded that the doctors were entitled to admit, investigate and provide treatment to the patients and that the doctors would be responsible for their clinical care. The doctors were responsible for supervising the sub-ordinate...

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Reassessment when Assessee made AO left with little time to complete assessment

Cenveo Publisher Services India Ltd Vs. UOI (Bombay High Court)

Cenveo Publisher Services India Ltd Vs. UOI (Bombay High Court) In this case the petitioner raised objections promptly after withdrawing the petition from this Court, would not in any manner dilute the fact that it was on the ground of the petitioner’s conduct that the Assessing Officer was left with little time to dispose of [&hell...

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Reassessment on change of opinion on provision for bad & doubtful debts is invalid

CIT Vs. M/s. Indian Potash Ltd. (Madras High Court)

CIT Vs. M/s. Indian Potash Ltd. (Madras High Court) The Tribunal has recorded a factual finding that the Assessee has disclosed the figure of provision for bad debts and doubtful debts and interest income also in the Profit and Loss Account submitted along with the return of income. Therefore, the Tribunal held that there is […]...

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Interest on NPAs cannot be taxed on accrual basis in case of NBFC

Pr. CIT Vs Bajaj Finance Limited (Bombay High Court)

Even if there was a special provision in s. 43D for taxing interest income on NPAs on receipt basis but the same did not apply to NBFCs, therefore, NBFCs had not to offer interest on bad or doubtful debts to tax on accrual basis as as the same was not taxable on basis of real income theory....

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