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Income Tax - Highlights / Catch Notes

Home Highlights March 2019 Year 2019 This

Dismissal of revenue appeal by High court without framing the ...

Income Tax

March 1, 2019

Dismissal of revenue appeal by High court without framing the questions - every order/judgment, which decides the lis between the parties, must contain the reason(s)/ground(s) for arriving at a particular conclusion - Matter restored before HC

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  1. Filing of appeal before wrong Forum - Tribunal has adopted a hypertechnical view forgetting the fact that every endeavour should be made to dispose of the lis on merits - HC

  2. Settled position in law that opposite party to litigation cannot defeat lis validly brought before Court by contending that cause of action had disappeared - HC

  3. Validity of Judgement of High Court - While admitting the appeal of the Revenue, the High Court has framed 10 question of laws - However, while disposing the appeal, the...

  4. Validity of remand of matter to the AA to pass fresh order - It is settled principles of law that every decision is to be supported by reasons inasmuch as reasoning is...

  5. As the stay application has not been decided on merits of the case, therefore, the order of dismissal of the appeal is not sustainable in the eyes of law - AT

  6. Restoration of cross objection appeal - Dismissal of appeal of the revenue on low tax effect - consequently cross objections of the assessee were also dismissed - the...

  7. As long as a judgment of the Tribunal stands, it would bind every Bench of the Tribunal of equal strength and the departmental authorities taking up such an issue - HC

  8. CIRP proceedings - Operational Creditors - Rejection of application u/s 9 by the NCLT and NCLAT - When the agreement entered into between the parties carries an...

  9. Validity of Circular issued by the CBIC - Jurisdiction - Form GSTR­-3B is return or not - rectification of Form GSTR­-3B - Learned counsel for the respondent was at...

  10. Monetary amount involved in the appeal - We have here a situation where the Revenue's advocate seeks to disown the Circular and seeks to brush it aside in this case. If...

 

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