Category: High Courts

CMA-Writ against 3 years exemption withdrawal in cost accountancy exam dismissed. Amendment to ICMAI Regulation 41(2) not retrospective-High Court

CMA-Writ against 3 years exemption withdrawal in cost accountancy exam dismissed. Amendment to ICMAI Regulation 41(2) not retrospective-High Court ABCAUS Case Law Citation: ABCAUS 1146 (2017) (02) HC Important Case Laws Cited/relied upon: All India Council for Technical Education vs. Surinder Kumar Dhawan & Ors. (2009) 11 SCC 726 …

Advance tax not payable-Income declared after financial year closure. ITAT deleted interest u/s 234B and 234C on income declared in survey

Advance tax not payable-Income declared after financial year closure. ITAT deleted interest u/s 234B and 234C on income declared in survey ABCAUS Case Law Citation: ABCAUS 1145 (2017) (02) ITAT The Ground of Appeal: The only ground that survived for consideration was as under: That CIT(A) erred in …

Rule 8D not applicable to shares held as stock in trade. Calcutta High Court upheld ITAT judgment deleting disallowance made us 14A for interest expenditure

Rule 8D not applicable to shares held as stock in trade. Calcutta High Court upheld ITAT judgment deleting disallowance made us 14A for interest expenditure ABCAUS Case Law Citation: ABCAUS 1144 (2017) (02) HC Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: Dhanuka & Sons vs. …

Jurisdiction can not be conferred even by consent of parties. No principle of law can not confer legality to such income tax proceedings-Allahabad HC

Jurisdiction cannot be conferred even by consent of parties. Acquiescence or any principle of law can not confer legality to such income tax proceedings-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1143 (2017) (02) HC Brief Facts of the Case: In the present case, the order of assessment …

DG Income Tax-Exemptions action illegal in not taking decision on assessee’s application seeking approval under Section 80 IB(7)(c)-Allahabad HC

DG Income Tax-Exemptions action illegal in not taking decision on assessee’s application seeking approval under Section 80 IB(7)(c)-Allahabad HC ABCAUS Case Law Citation: ABCAUS 1138 (2017) (02) HC The Substantial Question of Law in assessee’s appeal: Whether the finding recorded by the Tribunal to the effect that after …

No Interference with findings of facts unless relevant evidence not considered or finding arrived by ITAT placing reliance on inadmissible evidence-Allahabad High Court

No Interference with findings of facts unless relevant evidence not considered or finding arrived by ITAT placing reliance on inadmissible evidence-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1137 (2017) (02) HC Assessment Year : 2009-10 Date/Month of Pronouncement: February, 2017 Brief Facts of the Case: The appeal was admitted by the Lucknow …

CA guilty of misconduct-director of companies without permission, operating bank accounts actively involved in daily operation.

CA guilty of misconduct-director of companies without permission, operating bank accounts actively involved in the day to day operations. ABCAUS Case Law Citation: ABCAUS 1130 (2017) (02) HC Brief Facts of the Case: The instant Reference under Section 21(5) of the Chartered Accountants Act, 1949 was made by …

Limitation Period us 153-Contention was that ITAT had set aside Assessment order of CIT-A only and not that of the AO-Allahabad HC Judgment

Limitation Period us 153-Contention was that ITAT had set aside Assessment order of CIT-A only and not order of the Assessing Officer-Allahabad HC Judgment ABCAUS Case Law Citation: ABCAUS 1123 (2017) (02) HC Important Case Laws Cited/relied upon: CIT Vs Purshottamdas T. Patel, reported in 209 ITR 52 …

CA Misconduct-Non reporting book entry stocks debtors sales and accounts manipulation which was statutory requirement

CA Misconduct-Non reporting book entry stocks debtors sales and  accounts manipulation. Reporting modus operandi of bogus transactions was statutory requirement-High Court ABCAUS Case Law Citation: ABCAUS 1120 (2017) (02) HC Brief Facts of the Case: The Council of the Institute of Chartered Accountants of India (ICAI) received a …

CA misconduct-Share application money receipt fake certificate. CA held guilty for consciously omitting date of cheques encashment-High Court

CA misconduct-Share application money receipt fake certificate. CA held guilty for consciously omitting date when the cheques were encashed-High Court ABCAUS Case Law Citation: ABCAUS 1119 (2017) (02) HC Brief Facts of the Case: A company invited applications for allotment of 1,80,00,000 preferential shares for cash at par. …