ITAT Delhi held that reassessment proceedings beyond the prescribed period were invalid where alleged escaped income arose from unaccounted sales and not from assets. The Tribunal ruled that conditions under Sections 149 and 153A were not satisfied, leading to quashing of multiple reassessment notices.
The Supreme Court ruled that a decree passed without deciding maintainability and jurisdiction issues cannot be executed. It held that absence of judicial reasoning rendered the decree void and unenforceable.
The Calcutta High Court held that reassessment proceedings violated principles of natural justice since the assessee was not provided an opportunity of personal hearing before passing the order under Section 148A(d).
ITAT held that loose sheets showing cash and cheque transactions could not justify additions under Section 153A where related cheque transactions were accepted as genuine and linked to group business dealings.
Telangana High Court declined to examine the GST rate dispute in writ jurisdiction, holding that the matter required factual scrutiny of agreements and notifications. The petitioner was directed to pursue the statutory appellate remedy under Section 107.
The ITAT held that a penalty notice without specifying whether the case involved under-reporting or misreporting of income is legally unsustainable. The Tribunal ruled that such defective notices are void-ab-initio and cannot support penalty proceedings.
The ITAT Bangalore held that advances written off were allowable as bad debts since the assessee was engaged in financing and lending activities as part of its regular business operations.
The Supreme Court held that limitation cannot be treated as a preliminary issue under Section 9A of the CPC because it does not affect the courts jurisdiction to entertain a suit. The ruling clarified that Section 9A applies only to defects relating to the courts competence to receive the suit.
: ITAT Bangalore held that indexed cost of construction cannot be denied merely because the sale deed described the property as a vacant plot. The Tribunal accepted documentary evidence such as rental income records, approved plans, contractor confirmations, and TDS details to establish existence of the building.
ITAT Bangalore held that rebate under Section 87A cannot be denied on short-term capital gains taxable under Section 111A where total income is below Rs. 7 lakh. The Tribunal ruled that no statutory prohibition existed during the relevant assessment year.
