Category: High Courts
Deemed dividend provisions not attracted in absence of actual payment. Payment u/s 2(22)(e) has to be physical-actual and not mere book entry-High Court ABCAUS Case Law Citation: ABCAUS 2144 (2017) (12) HC The Challenge/Grievance: The instant appeal was filed by the Income Tax Department (the Revenue/Department) This under …
Mere not recording of transactions not make them undisclosed if entries are otherwise verifiable from other primary books. High Court upheld ITAT judgment ABCAUS Case Law Citation: ABCAUS 2142 (2017) (12) HC The Challenge/Grievance: The instant appeal was filed by the Income Tax Department (the Revenue/Department) against the …
Jewellery held belonging to 3 wives though purchase bills found in search were in assessee’s name. HC uphelds deletion of undisclosed income u/s 158B(b) ABCAUS Case Law Citation: ABCAUS 2141 (2017) (12) HC The Challenge/Grievance: The instant appeal was filed by the Income Tax Department (the Revenue/Department) against …
Execution of registered sale deed adjusting cash credit entries in books establishes identity of depositors of money beyond doubt-High Court upheld deletion of additions made u/s 68 ABCAUS Case Law Citation: ABCAUS 2140 (2017) (12) HC The Challenge/Grievance: This instant appeal was filed by the Revenue under Section …
Reopening materials include subsequent years assessments scrutiny during the course of whose proceedings AO has occasion to see if the same, or same pattern of returns or claims were made. ABCAUS Case Law Citation: ABCAUS 2139 (2017) (12) HC The Challenge/Grievance: The Petitioner assessee by way of two …
Revision order passed without confronting assessee with material in possession of CIT breached principles of natural justice. Though variance in SCN and order passed u/s 263 did not invalidate it. ABCAUS Case Law Citation: ABCAUS 2138 (2017) (12) HC The Challenge/Grievance: The assessee had challeneged the order of …
Depreciation claimed on land was not sheer mistake. High Court upheld sentence u/s 276C/277 of the Income Tax Act, 1961 ABCAUS Case Law Citation: ABCAUS 2137 (2017) (12) HC The Challenge/Grievance: The Petitioner company had filed a Criminal Revision petition u/s 397 of the Code of Criminal Procedure, …
Transfer of capital from proprietorship to partnership was not reconstruction u/s 10AA, dis entitling the assessee firm the benefit of exemption-High Court ABCAUS Case Law Citation: ABCAUS 2136 (2017) (11) HC The Revenue has filed two appeals assailing the judgment and order of the Tribunal whereby tribunal had dismissed …
It is for assessee to decide how to utilize loan in business, Court not to substitute its opinion over his view for the investment made-High Court ABCAUS Case Law Citation: ABCAUS 2135 (2017) (11) HC The Revenue had filed two appeals challenging the judgment and order of …
No addition for inflated statement of stock submitted to banker when no discrepancy was found in physical verification and books of account-High Court uphelds ITAT Decision ABCAUS Case Law Citation: ABCAUS 2134 (2017) (11) HC The appellant assessee was a sole proprietor involved in the business of …
