Category: High Courts

Imprest account not necessarily part of partner capital account as held by ITAT was without properly analysing evidence-HC

Imprest account not necessarily part of partner capital account as held by ITAT was based merely on partner’s statement without properly analysing the evidence-High Court ABCAUS Case Law Citation: ABCAUS 1068 (2016) (11) HC Brief Facts of the Case: The responding assessee was a partnership fir. The return …

Keyman Insurance Policy of partner of firm allowable as business expenditure. CBDT accepts High Court Judgments vide Circular No. 38/2016

Keyman Insurance Policy of partner of firm allowable as business expenditure. CBDT accepts various High Court Judgments on the subject. CIRCULAR NO . 38/2016 F.No.279/Misc./140/2015-ITJ Government  of India Ministry of Finance Central Board of Direct Taxes ****** New Delhi, Dated 22nd November , 2016 Subject: Admissibility of expenditure …

Public Limited Company Corporate Veil lifting us 179 of Income Tax Act is possible with prima-facie sufficient material and confronting assessee with show cause-Gujarat HC

Public Limited Company Corporate Veil lifting us 179 of Income Tax Act is possible with prima-facie sufficient material and confronting assessee with show cause-Gujarat High Court. ABCAUS Case Law Citation: 1046 (2016) (10) HC Important Case Law Cited: Pravinbhai M. Kheni v. Assistant Commissioner of Income-tax Brief Facts …

Grant-delay of Income Tax Refund-Conduct of AO was disturbing in not grating-delaying refund based on CBDT Instruction No. 1 of 2015 which was set aside

Grant-delay of Income Tax Refund-Conduct of AO was disturbing in not grating-delaying refund based on CBDT Instruction No. 1 of 2015 which was set aside-Bombay High Court ABCAUS Case Law Citation: 1045 (2016) (10) HC Assessment Year 2015­16 The Challenge: The petition under Article 226 of the Constitution of  India …

Courts power confined to examine arbitration agreement existence only after amendments to the Arbitration and Conciliation Act 1996-Delhi High Court

Courts power confined to examine arbitration agreement existence only after amendments to the Arbitration and Conciliation Act 1996-Delhi High Court.  ABCAUS Case Law Citation: 1039 (2016) (10) HC Important Case Law Referred: Radhakrishnan v. M/s. Maestro Engineers & Ors. (2009) (13) SCALE 403 Brief Facts of the Case: …

CA issuing fake certificate-invoice to bank guilty of misconduct. Bank on the strength of certificate-proforma invoice released loan fund-Delhi HC

CA issuing fake certificate-invoice to bank guilty of misconduct. Bank on the strength of false certificate and fake proforma invoice had released loan fund-Delhi HC  ABCAUS Case Law Citation: 1027 (2016) (10) HC Brief Facts of the Case: The present disciplinary proceedings for professional misconduct were initiated by the …

Search warrant in the name of assessee and family members. The word family can not be stretched to include spouse, daughter or children – Rajasthan HC

Search warrant in the name of assessee and family members. The word ‘family members’ can not be stretched to include wife, spouse, daughter or children, a person should be specifically named in the search warrant – Rajasthan High Court. ABCAUS Case Law Citation: 1016 (2016) (09) HC Brief Facts …

Interest waiver-reduction u/s 220(2A) denial for threat by assessee not justified. Satisfaction must be arrived at as per prescribed 3 conditions-High Court

Interest waiver-reduction u/s 220(2A) denial for threat by the assessee not justified. The satisfaction must be arrived at with reference to the prescribed three conditions -Kerala High Court. ABCAUS Case Law Citation: 1007 2016 (09) HC Brief Facts of the Case: The Petitioner assessee was aggrieved by the rejection by …