Category: Judgments
High Court refuses to quash prosecution proceedings u/s 276C, directs prayer for bail be considered and decided if applicant surrenders before Trial court ABCAUS Case Law Citation:ABCAUS 3170 (2019) (10) HC Important case law relied upon by the parties:Amrawati and another Vs. State of U.P. 2004 (57) ALR …
NRE Account interest exempt u/s 10(4)(ii) only if assessee is resident outside India for the concerned fiscal year under FEMA ABCAUS Case Law Citation:ABCAUS 3169 (2019) (10) ITAT Important case law relied upon by the parties:Rachhpal Singh vs ITO reported in 94 ITD 79 In the instant case, …
Opposition of trade mark registration before Registrar is a quasi judicial proceedings and can not be termed as groundless threats u/s 142 of the Trademarks Act. ABCAUS Case Law Citation:ABCAUS 3168 (2019) (10) HC Important case law relied upon by the parties:Sidharth Wheels Pvt. Ltd. Vs. Bedrock Ltd. …
Prosecution filed without initiation of assessment proceedings upheld. Compounding or approaching Settlement Commission not a natural right – Sessions Court Faced with the presumption u/s 278E of Income Tax Act, it is for the accused to lead evidence before the Trial Court and to dispel the presumption by …
No tax audit in one proprietorship firm-ITAT deleted penalty u/s 271B as when no accounts was maintained, assessee was not be expected to get them audited. ABCAUS Case Law Citation:ABCAUS 3166 (2019) (10) ITAT Important case law relied upon by the parties:Shri Rajeshbhai Hirabhai Patel Vs. ITOShri Udayshankar …
Additional depreciation on revenue expenditure on installation of plant and machinery allowable. ITAT directs AO to delete the addition ABCAUS Case Law Citation:ABCAUS 3165 (2019) (10) ITAT Important case law relied upon by the parties:Trichy Distilleries & Chemicals Ltd. vs. CIT reported in (1999) 235 ITR 194 Additional …
Approval u/s 153D not empty formality and not valid in the eyes of law if granted without application of mind discernible from record ABCAUS Case Law Citation:ABCAUS 3164 (2019) (10) ITAT Important case law relied upon by the parties:Sahara India (firm) vs CIT (2008) 300 ITR 403; Space …
Prosecution u/s 276CC quashed as accused age was more than 70 years at the time of commission of offence as per CBDT Circular and as held by Supreme Court ABCAUS Case Law Citation:ABCAUS 3163 (2019) (10) ITAT Important case law relied upon by the parties:Arun Kumar Bhatia v. …
Guarantee does not amount to an international transaction under section 92B of the Income Tax Act. ITAT ABCAUS Case Law Citation:ABCAUS 3162 (2019) (10) ITAT Important case law relied upon by the parties:M/s Suzlon Energy Ltd.-vs-ACIT (2017) 188 TTJ 278Micro Ink Ltd Vs ACIT .Siro Clinpharm Pvt Ltd …
Cash loan from wife due to business expediency. Penalty u/s 271D deleted as the business was carried on in the interest of family and genuineness/sources was not doubted ABCAUS Case Law Citation:ABCAUS 3161 (2019) (10) ITAT Important case law relied upon by the parties:Penmetsa Venkata Soma RajuDr. Dutta …