Important Updates Of Case Laws, Articles And Association News
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Association News
Felicitation Function of Hon’ble Justice Ms. Arati Sathe, Judge, Bombay High Court
Held on 1st October 2025 (Wednesday) at 5:30 p.m. at the ITAT Bar Association Library, Mumbai The ITAT Bar Association, Mumbai, organized a felicitation function in honour of Hon’ble Justice Ms. Arati Sathe on her elevation as Judge of the Bombay High Court. Mr. K. Gopal, President of the ITAT... [Read more]
Hon’ble Shri Arjun Ram Meghwal Minister of State (Independent Charge) Ministry of Law & Justice New Delhi Subject: Institutionalisation of the process for elevation of deserving Judicial Members of the Income Tax Appellate Tribunal to the High Courts Respected Sir, The All India Federation of Tax Practitioners (AIFTP) is the... [Read more]
Case Laws
Shri Mukesh Agarwal v. UOI & Ors
Guwahati High Court: Central Goods and Services Act , 2017 . S. 132(1)(a) : Punishment for certain offences -Arrest - Bail – Arrest for alleged GST evasion – Mandatory compliance with procedure under BNSS, 2023 – Violation of Supreme Court guidelines in Arnesh Kumar and Satender Kumar Antil – Bail granted .[S. 69, 70, 132(5), BNSS, 2023, 35(1)(b)… Read More ...
Guwahati High Court: Assam Goods and Services Act, 2017 S. 132(5) :Punishment for certain offences – Arrest - Bail – Cognizable -Non-bailable - Alleged wrongful availment of input tax credit – Offence non-cognizable and bailable – Custodial interrogation not required – Bail granted. [S. 132, BNSS 2023, S. 483, Art. 226] The assessee, proprietor of M/s BKS Enterprises,… Read More ...
Bombay High Court: S. 143(3) : Assessment-Principles of natural justice-Assessment order passed without considering reply to notice u/s 133(6) and by relying on non-existent case law-Artificial Intelligence (AI)-Quasi-judicial authorities cannot rely blindly on results generated by AI tools without independent verification- Breach of natural justice- Alternative remedy-Appeal was filed to avoid limitation-Assessment quashed and matter remanded [S. 68,… Read More ...
Mumbai Tribunal: S. 45 : Capital gains – Alleged NOC receipts – Loose sheets - Dumb documents-Statement in the Course of search – Statement retracted - No corroboration – Additions deleted. [S.132, 132(4), 132(4A)] During search, diaries maintained by an employee were seized containing notings with initials “KB”, which the Assessing Officer treated as unaccounted cash receipts… Read More ...
Mumbai Tribunal: S. 69A : Unexplained money – Rough diary notings – Internal circulation of funds –Statement in the Course of search – Statement retracted - Addition unsustainable.[S. 132, 132(4), 132(4A) ] The Assessing Officer treated a diary entry of ₹ 2.50 lakh as unexplained money under section 69A. The Tribunal found that the entry represented internal… Read More ...
Mumbai Tribunal: S. 151A : Face less assessment scheme - Reassessment – Faceless jurisdiction – Manual DIN – Reassessment held void ab initio – Jurisdictional AO issued notice instead of Faceless AO – Assessment order manually issued without computer-generated DIN – Proceedings invalid. S. 147, 148 151, CBDT Circular No. 19/2019] Pursuant to a search on the… Read More ...
Mumbai Tribunal : S. 80G : Donation-Provisional registration-Delay in filing Form No. 10AB-Technical glitch-Tribunal and CIT(E) empowered to condone the delay-Mere enabling clause to apply funds outside India cannot be ground to reject registration-Delay condoned-Matter restored to CIT(E) for fresh consideration on merits. [S. 11(1)(c), 12A(1)(ac)(iii), 80G(5)(iii), Form No. 10AB] The assessee, Mohanji Bharat Welfare Foundation, a charitable… Read More ...
Bombay High Court: S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Subsequent decision of Supreme Court-Employee’s contributions (EPF/ESI) -Tribunal cannot invoke section 254(2) on basis of subsequent change in law-Order of rectification quashed. [S. 36(1)(va), 139(1), 143(1), 260A, Art. 226, 227] The assessee had deposited the employees’ share of provident fund and ESI before the due… Read More ...
Mumbai Tribunal : Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 S. 43 : Penalty for failure to furnish return of income or furnish inaccurate particulars of an asset ( Including financial interest in any entity ) outside India- Non-disclosure of foreign assets – Use of word “may” in section 43 is directory… Read More ...
Bombay High Court: S. 69C : Unexplained expenditure -Bogus purchases-Estimate of alleged bogus purchases-No substantial question of law-Appeal of revenue was dismissed. [S. 260A] Assessing Officer has estimated the gross profit (GP) at 12 % on the bogus purchases. This was not challenged by the revenue in any proceedings. The Commissioner (Appeals), reduced this estimation to 5.75%. On… Read More ...
Vinay Tarachand Chawla vs PCIT [ITA 3371/Mum/2025] (ITAT Mumbai)
Hon'ble Mumbai ITAT: Hon’ble Mumbai ITAT quashed order passed u/s 263 of the Income Tax Act, 1961 (Act) by holding that the AO has made detailed inquiry before passing the order which has been raised by the PCIT in proceeding initiated u/s 263 of the Act. Hon’ble ITAT also allowed following claims on merits: (i) Loss on relinquishment… Read More ...
ITAT Mumbai: Bogus purchases - Ratio of judgement of Mohd. Haji Adam (Bom. HC) followed and Kanak Impex India Ltd. (Bom. HC) distinguished. Read More ...
Delhi Tribunal : Black Money (Undisclosed Foreign Income and Assets) Act, 2015 . S. 10(3) :Assessment – Charge of tax Undisclosed foreign asset – Asset ceased before 1.7.2015 – Not taxable-Penalty – Non-disclosure of asset – Ceased before AY 2012–13-Penalty not leviable-Doctrine of election/approbate and reprobate-Once proceedings under the IT Act are consciously chosen, the Revenue cannot subsequently… Read More ...
Mumbai Tribunal : S. 45 : Capital Gains – Sale of Film Rights-Transfer of bundle of rights in 31 cinematographic films held to be transfer of capital assets- Consideration received taxable as capital gains and not as business income. [S. 2(11)(B), 2(14) 28(i), 28(va), 55(2)(a)] The assessee, a partnership firm engaged in film production since 1953, had produced… Read More ...
Articles
Section 194T…. A Viewpoint
By CA Dr Vardhaman L. Jain: The Union Budget of 2024 brought in Section 194T in the Income Tax Act, 1961 effective from April 1, 2025. This section imposes an obligation for Tax Deducted at Source (TDS) on certain payments made to partners of a firm, in the nature of salary, bonus, commission, interest, or remuneration. The aim of introduction of… Read More ...
Regards,
Editorial Board