Category: High Courts
Raising additional grounds orally under Rule 27 of ITAT Rules upheld. High Court explains the scope of Rule 27 under ABCAUS Case Law Citation:ABCAUS 3314 (2020) (05) HC Important case law relied upon by the parties:Commissioner of Income Tax v Divine Infracon Pvt. Ltd,Commissioner of Income Tax vs. …
Surplus due to foreign exchange rate fluctuation part of export turnover u/s 80HHC in the year of receipt if brought to India within prescribed time ABCAUS Case Law Citation:ABCAUS 3312 (2020) (05) HC Important case law relied upon by the parties:RaghunathExport (P) Ltd. v. Commissioner of Income-TaxCommissioner ofIncome-Tax …
Prosecution u/s 276C of Official Liquidator of company. High Court dismissed the application of Income Tax Department ABCAUS Case Law Citation:ABCAUS 3311 (2020) (05) HC Prosecution u/s 276C against Official Liquidator of company In the instant case, the Principal Commissioner of Income Tax (PCIT) had made an application …
Clubs or associations incorporated prior to 1.7.2012 not liable to service tax on the principle of mutuality ABCAUS Case Law Citation:ABCAUS 3308 (2020) (05) HC Important case law relied upon by the parties:DALCO Engineering Private Limited v. Satish Prabhakar PadhyeDwarkadas Khetan and Co. v. CIT
Show Cause Notice, Order and Penalty passed during lockdown period quashed as assessee had no opportunity to explain the case. ABCAUS Case Law Citation:ABCAUS 3307 (2020) (05) HC In this case, a Petition was been filed by the assessee praying for quashing the order passed by the Income …
Cash credit entries in books of a firm, in absence of material to indicate that they were its profits, could not be assessed in the hands of the firm ABCAUS Case Law Citation:ABCAUS 3304 (2020) (05) HC Important case law relied upon by the parties:Deputy Commissioner of Income …
Expression “any previous year” in Section 68 refers to previous year relevant to the Assessment Year in question – High Court ABCAUS Case Law Citation:ABCAUS 3287 (2020) (03) HC Important case law relied upon by the parties:Commissioner of Income-Tax, Poona Vs. Bhaichand H. Gandhi, 141 ITR 67Commissioner of …
Profit on Bogus purchase/ accommodation entries @ 5% upheld by the High Court. Only profit element embedded is to be taxed not entire purchase ABCAUS Case Law Citation:ABCAUS 3272 (2020) (02) HC Important case law relied upon by the parties:Kaveri Rice Mills vs. Commissioner of Income-Tax, (2006)157 Taxman …
e-Assessment proceedings can lead to erroneous assessment if AO not able to understand transactions and accounts without a personal hearing ABCAUS Case Law Citation:ABCAUS 3263 (2020) (02) HC Important case law relied upon by the parties:Smt. Shrilekha Banerjee Vs. CIT 1964 AIR SC 697 In the instant case, …
Prosecution u/s 276CC-Failure to file ITR was not willful due to seizure of documents required by assessee for examination before filing the return u/s 153A ABCAUS Case Law Citation:ABCAUS 3260 (2020) (02) HC Prosecution u/s 276CC-Failure to file ITR held not willful In the instant case, the Income …