Category: High Courts
Authority for recording of satisfaction for grant of registration u/s 12AA-High Court upheld ITAT direction for registration of Charitable Institution. ABCAUS Case Law Citation: ABCAUS 2250 (2018) (03) HC Recently, a Division Bench of Hon’ble the Allahabad High Court had held that the Tribunal has no jurisdiction in …
Provisions for exemptions u/s 10(23C) and 12AA are completely different and independent Rejection of former did not automatically result in denial of later-High Court ABCAUS Case Law Citation: ABCAUS 2249 (2018) (03) HC The respondent assessee was a society. The Assessing Officer during the course of the assessment …
Refund u/s Section 244A for delay in curing defects in TDS certificates-Commissioner of Income Tax is the final fact finding authority- High Court declines to interfere. ABCAUS Case Law Citation: ABCAUS 2248 (2018) (03) HC The return of income of the Petitioner bank was processed u/s 143(1) and …
Penalty u/s 271AAA-what constitutes substantiating how undisclosed income was derived-High Court explains prerequisites of statement u/s 132(4) to avert penalty ABCAUS Case Law Citation: ABCAUS 2247 (2018) (03) HC The Revenue was aggrieved by the order of the ITAT in deleting the penalty u/s 271AAA of the Income …
Order passed by four member Appellate Authority against CA was valid. Under doctrine of necessity recusal of one member not affect hearing and decision-High Court ABCAUS Case Law Citation: ABCAUS 2246 (2018) (03) HC The Petitioner chartered accountant (CA) challenged before the Hon’ble High Court the order passed …
High Court interprets provisions of PMGKY Scheme 2016 and give equitable relief to the assessee without undermining the object and purpose behind the Scheme. ABCAUS Case Law Citation: ABCAUS 2246 (2018) (03) HC The petitioner was an advocate engaged in income-tax practice who had challenged the rejection by …
Attachment under income tax act relates back to and takes effect from the date of notice as per Rule 51. The High Court cannot be oblivious of the conduct of the party invoking the remedy under Article 226. ABCAUS Case Law Citation: ABCAUS 2241 (2018) (03) HC A …
Addition u/s 41(1) made on the ground of untraceable creditors-the liability had not ceased or any advantage was taken. High Court upheld deletion made by ITAT ABCAUS Case Law Citation: ABCAUS 2240 (2018) (03) HC The Revenue was aggrieved by the order of the Income Tax Appellate Tribunal …
Cenvat credit on inputs lost during storage upheld by High Court as the Revenue in a similar case was not successful before the Supreme Court ABCAUS Case Law Citation: ABCAUS 2239 (2018) (03) HC The Excise Department had preferred the instant appeal before the High Court under Section …
Condonation u/s 119(2)(b) rejected without enquiry to the reasons for the delay and the justification given, only on the ground that the business was continuously running was without proper consideration-High Court ABCAUS Case Law Citation: ABCAUS 2238 (2018) (03) HC The petitioner by the instant writ petition had challenged the …
