Category: Judgments
Benefit of exemption u/s 54F before its amendment can be extended to a residential house purchased outside India. ITAT allowed claim ABCAUS Case Law Citation:ABCAUS 3195 (2019) (12) ITAT Important case law relied upon by the parties:Anurag Pandit The instant appeal was filed by the assessee against the …
Late fee u/s 234E is imposed towards extra effort and resources for processing delayed TDS returns. ITAT dismisses assessee’s appeal ABCAUS Case Law Citation:ABCAUS 3194 (2019) (12) ITAT Important case law relied upon by the parties:Shree Narayana Guru Smaraka Sangam Upper Primary School vs. UOI & Ors.Rashmikant Kundalia …
In Motor Accident Claims income must be determined on the basis of the income tax return, where available. – Supreme Court held that the ITR is a statutory document on which reliance may be placed to determine the annual income of the deceased. ABCAUS Case Law Citation:ABCAUS 3193 …
Issuance of notice on wrong address not confers right on the Assessing Officer to get the notice served u/s 143(2) by way of affixation ABCAUS Case Law Citation:ABCAUS 3192 (2019) (11) ITAT Important case law relied upon by the parties:CIT vs. Madhsy Films P. Ltd. 301 ITR 69 …
Higher rate of depreciation allowable on crane. So long as crane is registered under the Motor Vehicles Act, it is a motor vehicle. ABCAUS Case Law Citation:ABCAUS 3191 (2019) (11) ITAT Important case law relied upon by the parties:CIT Vs. Gaylord Constructions Gujco Carriers Vs. CIT 122 taxman …
Section 87 of Arbitration and Conciliation Act 1996 struck down by Supreme Court as constitutional invalid. The said section had provided for an automatic stay on arbitral award when challenged in court ABCAUS Case Law Citation:ABCAUS 3190 (2019) (11) SC Important case law relied upon by the parties:BCCI …
Appeal u/s 96(2) CPC is statutory right which defendant cannot be deprived merely on ground that application filed under Order IX Rule 13 CPC was dismissed ABCAUS Case Law Citation:ABCAUS 3189 (2019) (11) SC Important case law relied upon by the parties:Bhivchandra Shankar More v. Balu Gangaram More …
Supreme Court struck down Tribunal Rules formulated u/s 184 of the Finance Act, 2017 being contrary to the parent enactment and the Constitution ABCAUS Case Law Citation:ABCAUS 3188 (2019) (11) SC A Constitution Bench of the Hon’ble Supreme Court have struck down the Tribunal, Appellate Tribunal and other …
Revision u/s 263 for non initiation of penalty proceedings. It is not open to CIT to exercise revisional powers to create a non existent proceedings ABCAUS Case Law Citation:ABCAUS 3187 (2019) (11) ITAT Important case law relied upon by the parties:Easy Transcription & Software Pvt.Ltd. vs. CIT Revision …
Additional Evidence admitted due to non-seriousness of Authorised Representative and for non service of notices ABCAUS Case Law Citation:ABCAUS 3186 (2019) (11) ITAT In the instant case, the appeal by the assessee was directed against order passed by the Commissioner of Income-tax (Appeals) in not permitting the assessee …
