Category: High Courts
Date of manufacture for claiming deduction u/s 10B is not the date of grant of approval as 100 per cent export oriented undertaking-High Court ABCAUS Case Law Citation: ABCAUS 2237 (2018) (03) HC The respondent assessee was established in the year 1950. It was engaged in the manufacture …
Penalty limitation period not gets extended if appeal is withdrawn by the Department. Appeal means an effective appeal and an appeal withdrawn is an appeal non est-High Court ABCAUS Case Law Citation: ABCAUS 2235 (2018) (03) HC The appellant assessee was aggrieved by the order of the ITAT …
Assessment started in the name of non existing company and completed in the name of new company resulting from merger was nullity-High Court ABCAUS Case Law Citation: ABCAUS 2235 (2018) (03) HC The Revenue was aggrieved by the order of the ITAT which concluded that the assessment had …
The assessee entitled to claim deduction u/s 80HH with respect for profits derived from processing of cashew in the factories owned by outsiders – High Court ABCAUS Case Law Citation: ABCAUS 2234 (2018) (03) HC The respondent assessee had been carrying on processing of cashew nuts in owned …
Section 55A related to DVO reference not apply in a reverse case when value claimed by assessee exceeds the fair market value as determined by the AO-High Court ABCAUS Case Law Citation: ABCAUS 2227 (2018) (02) HC The appellant assessee had filed an appeal under Section 260-A of …
Exclusion of genetic disorders in insurance contracts is illegal and unconstitutional. IRDA directed to ensure that insurance companies do not reject such claims-High Court ABCAUS Case Law Citation: ABCAUS 2226 (2018) (02) HC The Respondent/Plaintiff (“Plaintiff‟) had taken a medi-claim insurance policy for himself along with his wife …
Deduction for Penal excise was allowed u/s 37 as it was paid in discharging contractual obligation to indemnify department for violating terms of affidavit ABCAUS Case Law Citation: ABCAUS 2222 (2018) (02) HC The respondent assessee was engaged in the business of manufacturing and its sale. An intending …
Deemed dividend upheld when amount was parked in long term investments and hence could not qualify as to be made in the course of business – High Court ABCAUS Case Law Citation: ABCAUS 2219 (2018) (02) HC The Challenge/Grievance: The case law involves an appeal filed by the …
Section 47A(3) can be invoked only if benefit u/s 47 is claimed. High Court uphelds deletion of payment of brand name royalty to proprietor on takeover. ABCAUS Case Law Citation: ABCAUS 2218 (2018) (02) HC The Challenge/Grievance: The case law involves the appeal filed by the Income Tax …
Expenses prior to setting up or running of business are capital in nature-High Court upheld ITAT order allowing capitalisation of pre-operative expenses ABCAUS Case Law Citation: ABCAUS 2217 (2018) (02) HC The case law involves the appeal filed by the Income Tax Department (Revenue) against the order of …