Category: Judgments
CPC-TDS established procedure for refund of excess TDS deposited ABCAUS Case Law Citation:ABCAUS 3333 (2020) (07) HC In the instant case, a writ petition had been filed seeking a direction to the Income Tax Department to remove technical glitches and enable the TRACES portal so that petitioner could …
Section 292BB not applicable to legal representative. High Court quashed reopening notice issued in the name of deceased assessee. ABCAUS Case Law Citation:ABCAUS 3332 (2020) (07) HC Important case law relied upon by the parties:Pr. Commissioner of Income Tax vs. Maruti Suzuki India Limited, (2019) 416 ITR 613 …
Land received on HUF partition was itself stock in trade, hence there was no conversion of capital assets u/s 45(2) of Income Tax Act ABCAUS Case Law Citation:ABCAUS 3331 (2020) (07) HC Important case law relied upon by the parties:Kalooram Govindaram vs. CIT (1965) 57 ITR 335 (SC)Udarshan …
It is impossible to maintain list of gifts given and demonstrate that a particular sales order was received as a result of a particular gift ABCAUS Case Law Citation:ABCAUS 3330 (2020) (07) ITAT In the instant case, appeal had been preferred by the assessee against order passed by …
Rejection of books of accounts for non maintenance of stock register or incorrect valuation method or non compliance with accounting standard not sufficient. ABCAUS Case Law Citation:ABCAUS 3328 (2020) (07) ITAT Important case law relied upon by the parties:ACIT vs. Yerra Nagabhushanam (1997) 226 ITR 843, 849 (AP)Kunhambu …
Question of right, title, interest is domain of civil court and cannot be decided by NCLT in proceedings u/s 241 and 242- Supreme Court ABCAUS Case Law Citation:ABCAUS 3327 (2020) (07) SC Important case law relied upon by the parties: Sangramsinh P. Gaekwad and Ors. v. Shantadevi P. …
Delay in filing appeal due to assessee not present at his residence and took time in consulting his Counsel condoned by ITAT ABCAUS Case Law Citation:ABCAUS 3326 (2020) (07) ITAT Important case law relied upon by the parties:Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 …
Lack of enquiry in a particular manner or as per procedures prescribed vitiates the assessment only when relevant provisions are applicable. ABCAUS Case Law Citation:ABCAUS 3325 (2020) (07) ITAT In the instant case, the appeal of the assessee was directed against the action of the Pr. CIT …
No bar in claiming deduction u/s 54F in reopening proceedings u/s 147. ITAT direct Assessing Officer to decide exemption afresh ABCAUS Case Law Citation:ABCAUS 3324 (2020) (06) ITAT In the instant case, the appeal of the assessee was directed against the ex parte order passed by the …
Meaning of genuineness of trust activities – they should not be bogus, artificial or camouflaged and whether in accordance with objects – ITAT ABCAUS Case Law Citation:ABCAUS 3323 (2020) (06) ITAT Important case law relied upon by the parties:Baburam Education Society (2018) 96 taxmann.com 606 Meaning of Genuineness …