Category: Income Tax
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 …
Compensation received from builder under settlement for failure to give possession of flat within stipulated time held not capital receipts nor interest, hence taxable at all ABCAUS Case Law Citation: ABCAUS 2613 (2018) (11) ITAT Important Case Laws Cited/relied upon: Kettlewell Bullen & Co. Ltd. Vs CIT (10\964) …
Reopening u/s 148 where properties sold illegally and assessee did not received any sale consideration-High Court declines to interfere in view of the alternative remedy available to assessee ABCAUS Case Law Citation: ABCAUS 2610 (2018) (11) HC Important Case Laws Cited/relied upon: Commissioner of Income Tax and others …
Reopening by issue of notice u/s 148 on the basis of AIR information after sending query letter to assessee was not without application of mind nor reasons recorded were reason to mere suspect – ITAT ABCAUS Case Law Citation: ABCAUS 2609 (2018) (11) ITAT The assessee had filed …
Reopening notice after 4 year when escaped income less than 1 lakh is time barred and not tenable in the eyes of law – ITAT ABCAUS Case Law Citation: ABCAUS 2608 (2018) (11) ITAT Important Case Laws Cited/relied upon: Amarnath Agrawal vs. CIT & Anr. (2015) 371 ITR …
False declaration of trucks by transporter-assessee cannot be held guilty for non deduction of TDS u/s 194C as his liability ceased with declaration ABCAUS Case Law Citation: ABCAUS 2606 (2018) (11) ITAT Important Case Laws Cited/relied upon: Steel Authority of India Limited v. Additional Commissioner of Commercial Tax …
Compensation received on termination of export contract eligible for deduction u/s 10A being in the course of export business – High Court ABCAUS Case Law Citation: ABCAUS 2605 (2018) (11) HC Important Case Laws Cited/relied upon: Commissioner of Income Tax and Anr. vs. Tata Elxsi Ltd. : (2012) …
No concealment penalty can be levied for only change of head of income – ITAT deleted penalty for change head from capital gains to business income ABCAUS Case Law Citation: ABCAUS 2604 (2018) (11) ITAT Important Case Laws Cited/relied upon: M/s Crown Tradelink Pvt. Ltd. Vs. The ACIT …
No penalty u/s 271(1)(b) leviable in the case of change of counsel resulting in non compliance of notices- ITAT deleted penalty ABCAUS Case Law Citation: ABCAUS 2603 (2018) (11) ITAT The instant appeal was filed by the revenue against the order of the CIT(A) in confirming penalty imposed …