Category: High Courts
Disallowance u/s 40(a)(ia) for non deduction of TDS on amount credited to Provision account deleted by High Court on principles of consistency ABCAUS Case Law CitationABCAUS 3460 (2021) (02) HC Important case law relied referred:Bharat earth movers vs. CIT (2000) 245 ITR 428 (SC)Parashuram Pottery Works Co. Ltd. …
Transfer of jurisdiction u/s 127 upheld as partnership firm was required to disclose residence of its partners ABCAUS Case Law CitationABCAUS 3459 (2021) (02) HC Important case law relied referred:Kishore Samrite Vs. State of U.P. (2013) 2 SCC 398Pannalal Binjraj vs. Union of India (1957) 31 ITR 565 …
Gujarat High Court directs CBDT to decide on further due date extension by 12.01.2021. Writ Petition was filed by All Gujarat Federation of Tax Consultants Breaking: CBDT denies any further extension in due dates for filing ITRs/Audit Reports. Order u/s 119 in pursuance of Gujarat HC direction Read …
No TDS requirement u/s 195 on employee secondment agreement for payments for reimbursement to a non resident enterprises towards costs of seconded employees. ABCAUS Case Law CitationABCAUS 3432 (2020) (12) HC Important case law relied upon by the parties:M/s Centrica India offshore Pvt. Ltd. vs. Commissioner of income …
Based on only one fake tax invoice, evaded sales could not be assessed at 100% of the disclosed sales – High Court ABCAUS Case Law CitationABCAUS 3431 (2020) (12) HC Important case law relied upon by the parties:M/S Kapil Kumar & Brothers, Gautam Budh Nagar vs. Commissioner of …
Prosecution proceedings under Income Tax to be clubbed for different complaint cases on same material, evidence, documents and allegations ABCAUS Case Law CitationABCAUS 3425 (2020) (11) HC Important case law relied upon by the parties:Chandni Srivastava vs. CBI & OrsMohan Baitha vs. State of Bihar AIR 2001 SC …
Cash deposits out of sale of opening stock not unexplained income. High Court upheld ITAT order which followed rule of consistency ABCAUS Case Law CitationABCAUS 3424 (2020) (11) HC In the instant case, the Revenue had challenged the order passed by the ITAT in deleting the addition on …
Mesne profits and interest on mesne profits awarded by Court for unauthorised occupation by tenant taxable tax u/s 23(1) ABCAUS Case Law CitationABCAUS 3419 (2020) (11) HC Important case law relied upon by the parties:CIT vs. P. Mariappa Gounder 147 ITR 676CIT vs. Smt. Leela Ghosh 205 ITR …
Order of Settlement Commission passed stating non examining of records upheld. Just an isolated sentence can’t be allowed to defeat object of enactment ABCAUS Case Law CitationABCAUS 3412 (2020) (10) HC Important case law relied upon by the parties:Ritesh Tiwari and Anr v. State of Utter Pradesh and …
Every violation of a facet of natural justice not always makes order passed null and void, it has to be tested on the touchstone of prejudice caused ABCAUS Case Law CitationABCAUS 3409 (2020) (10) HC Important case law relied upon by the parties:Dharampal Satyapal Ltd. Vs. Deputy Commissioner …