Category: Income Tax

Satisfaction of AO as to incorrectness of claim of the assessee is an essential prerequisite for invoking the provisions of section 14A – ITAT ABCAUS Case Law Citation: ABCAUS 2622 (2018) (11) HC Important Case Laws Cited/relied upon: ACIT Vs. M/s Avon Cycles Ltd. CIT Vs. Abhishek Industries …

Income Tax Department prevented to take coercive steps for recovery of disputed tax amount as the Tribunal at Allahabad and Varanasi were non functional ABCAUS Case Law Citation: ABCAUS 2622 (2018) (11) HC Several appeals of the petitioner(s) for the various assessment years were pending before the Income …

AO directed to decide objections before making re-assessment as per law laid down by Supreme Court in the case of GKN Driveshafts (India) Limited ABCAUS Case Law Citation: ABCAUS 2621 (2018) (11) HC Important Case Laws Cited/relied upon: GKN Driveshafts (India) Limited Vs. Income Tax Officer (2003) 259 …

Reducing depreciation rate not debatable issue to invoke section 154 for rectification. Error discovered from records constitute apparent error ABCAUS Case Law Citation: ABCAUS 2620 (2018) (11) ITAT Important Case Laws Cited/relied upon: CIT vs. Dr. K.R. Jayachandran (212 ITR 637) CIT vs. dr. B. Venkata Rao (2000) …

Directors equally responsible for furnishing of return of company as is the managing director. High Court declines to interfere prosecution u/s 276CC ABCAUS Case Law Citation: ABCAUS 2618 (2018) (11) HC Important Case Laws Cited/relied upon: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) 5 SCC 139 …

Difference in cash deposits in bank and turnover declared in VAT return treated as income u/s 69A. High Court upheld the addition ABCAUS Case Law Citation: ABCAUS 2617 (2018) (11) HC The appellant had filed the instant appeal with the Hon’ble High Court against the order passed by …

ITAT explain the expression wholly and exclusively used in section 37.  ‘Wholly” relates to quantification and “exclusively” refers to the motive, objects and purpose of the expenditure. ABCAUS Case Law Citation: ABCAUS 2616 (2018) (11) ITAT The appellant assessee was in appeal before the Tribunal against order of …

TDS on payments to non-residents applicable at rates prescribed under DTAAs, not 20 per cent. Section 206AA not override provisions of Section 90(2) – ITAT ABCAUS Case Law Citation: ABCAUS 2615 (2018) (11) ITAT Important Case Laws Cited/relied upon: Azadi Bachao Andolan vs UOI (2003) 263 ITR 706 …

Justice Pradipkumar Premshankar Bhatt, Former Judge, High Court of Gujarat, appointed as President, ITAT  MINISTRY OF LAW AND JUSTICE (DEPARTMENT OF LEGAL AFFAIRS) NOTIFICATION New Delhi, the 2nd November, 2018 No. A-12023(1)/15/2016-Admn.-III (LA).—In exercise of the powers conferred by Sub-Section 3 of Section 252 of the Income Tax Act, 1961 …

Commissioner Appeals cannot not enhance assessment unless the assessee had a reasonable opportunity of showing cause against such enhancement – ITAT ABCAUS Case Law Citation: ABCAUS 2614 (2018) (11) ITAT Important Case Laws Cited/relied upon: Gedore Tools Pvt. Ltd. Vs. CIT 238 ITR 268 Spandana Foundation Vs. ADIT …