Andhra Pradesh HC

Accept C ‘Form’ even if Assessment orders already been passed by AO

Vyplavi Granites Vs CTO (Andhra Pradesh High Court)

It is a fit case where the relief sought for by the petitioner can be granted to the extent of directing the authority to reopen assessment filed by the petitioner through letter, dated 2.5.2017 and deal with the acceptance of the documents, more particularly, 'C' form and 'II' form declarations and then pass orders in accordance with law...

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HC permits manual rectification of GSTR-3B

M/s. Panduranga Stone Crushers Vs. Union of India (Andhra Pradesh: Amaravati)

M/s. Panduranga Stone Crushers Vs. Union of India (Andhra Pradesh: Amaravati) Petitioner is permitted to rectify GSTR-3B statements for the months of August and December, 2017 and January and February, 2018 manually subject to the outcome of the writ petition. It is made clear that if the petitioner submits a rectified statements for the ...

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Tax deducted is income received U/s 198 of the IT Act

Sri Y. Rathiesh V. CIT (Andhra Pradesh High Court)

Whenever an amount deducted as tax at source becomes incapable of being being adjusted or counted towards tax payable, it acquired the character of an  income. In such an event, it partake the character of any other income and is liable to be dealt with accordingly....

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No addition U/s 68 in respect of gift received from maternal aunt out of natural love

Pendurthi Chandrasekhar Vs DCIT (Andhra Pradesh HC)

Pendurthi Chandrasekhar Vs DCIT (Andhra Pradesh HC) Conclusion: AO was not justified in adding the amount of Rs. 73,00,000 to the account of  assessee received from maternal aunt as the donor herself had given a confirmation letter clearly stating therein that she had transferred the amount  and further declaring that she gave the said ...

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RTI not applicable to non-governmental religious institutions

G. Rajenderanath Goud Vs The Government of Andhra Pradesh (High Court Hyderabad)

Religious institutions like temples, churches, mosques, which were not financed/funded by government did not fall within the purview of Right to Information Act, 2005. However, it is desirable to amend the Act at least to bring in its fold all the registered temples/institutions having income over and above a particular limit, to furni...

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Priority of Tax Dues In Liquidation?

Leo Edibles & Fats Limited vs TRO (Andhra Pradesh High Court)

The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code). ...

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Income Tax cannot be recovered during Liquidation Process under IBC

Leo Edibles & Fats Limited Vs The Tax Recovery Officer (Central) (Andhra Pradesh HC)

Leo Edibles & Fats Limited Vs TRO (Central) (Andhra Pradesh HC) Section 178 of the Act of 1961 is titled ‘Company in liquidation’. Under sub-section (1) thereof, the liquidator of a company which is being wound up, or a person who is appointed as a Receiver of the assets of such company has to give […]...

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Explanation 3 to section 147 has no application In relation to issue cropped up subsequent to original assessment on new set of facts

CIT Vs . Swarna Andhra Ijmii Integrated Township Development (P) Ltd. (Andhra Pradesh High Court At Hyderabad)

Explanation 3 will be applicable in case where live issue, which was subsisting at the time of original assessment and if such issue has escaped the determination of the assessing officer, can be a ground for reopening. Any new issue that has cropped up subsequently on new set of facts, the aforesaid Explanation has no application. ...

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Reopening on ground that returned income is lower in comparison to income offered by others is invalid

Rajender Goud Chepur Vs. ITO (Andhra Pradesh And Telangana High Court)

Assessing officers completely erred in reopening assessments on the basis of either a suspicion that there is suppression of income or on the basis that persons in the same line of business are returning a higher income. Without even mentioning the comparables, no initiation of proceedings under section 147 can be made....

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Initiation of Penalty Proceeding U/s. 271(1)(c) in absence of clear finding is invalid

Pr CIT Vs. Baisetty Revathi (Andhra Pradesh High Court)

Pr CIT Vs. Baisetty Revathi (Andhra Pradesh High Court) In the present case, the assessee seems to have submitted her explanation on merits without raising a doubt as to what was the precise allegation leveled against her. However, we are more concerned with the principle involved and not just the isolated case of its application [&hellip...

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