Category: High Courts
Computer generated bills-account-Objection u/s 65B of Indian Evidence Act should be lodged before cross-examination of witness-High Court For admissibility as evidence in a Court of Law, an electronic record (for example a computer generated invoice/bill) needs to be accompanied by a certificate as per section 65B of the …
Challenge to reopening u/s 147-Only reasons recorded relevant which the Court has to examine and not reasons or explanations given by the AO at a later stage – High Court ABCAUS Case Law Citation: ABCAUS 2066 (2017) (09) HC The Grievance: The assessee by the instant writ …
Religious and charitable society/trust can not be denied exemption u/s 11 if not exclusively meant for one particular religious community- High Court ABCAUS Case Law Citation: ABCAUS 2065 (2017) (09) HC The Substantial Question of Law urged/framed for determination: The Revenue urged the following question: Whether it …
Assessment framed in the name of company dissolved by amalgamation not a procedural defect but void. Provisions of section 292B not applicable-High court ABCAUS Case Law Citation: ABCAUS 2064 (2017) (09) HC The Grievance: The Revenue was aggrieved by the order of the ITAT holding that assessment …
Practicing CA can not enroll as Advocate with Bar Council to practice Law. Riding on two horses in two profession, cannot be accepted – Gujarat High Court ABCAUS Case Law Citation: ABCAUS 2060 (2017) (09) HC Brief Facts of the Case: The present petition was filed by …
Deduction u/s 80IC denied for delay in filing return allowed by High Court. CBDT Order u/s 119(2)(b) denying to condone the delay of 46 days set aside. ABCAUS Case Law Citation: ABCAUS 2059 (2017) (09) HC The Grievance: The Petitioner firm had filed the instant petition under …
CA made co-accused for preparing false projected financials for bank loan, High Court declines to interfere in criminal prosecution though CA was absolved by Disciplinary committee of ICAI ABCAUS Case Law Citation: ABCAUS 2058 (2017) (09) HC The Issue: Whether the exoneration of the Chartered Accountant (CA) …
Non-furnishing reasons for reopening vitiated the assessment proceedings in law. If assessee did not repeat request cannot mean that he waived its right to be provided the reasons – High Court ABCAUS Case Law Citation: ABCAUS 2054 (2017) (08) HC The Grievance: Six appeals had been filed …
Reopening approval by an officer superior to Joint Commissioner invalid. Approval by a superior officer do not satisfy the requirement of Section 151(2) of the Income Tax Act. ABCAUS Case Law Citation: ABCAUS 2053 (2017) (08) HC The Grievance: This present writ petition was filed under Articles …
Service Tax on foreign tourists operator services held ultra vires the Finance Act insofar as export of tour operator services include non-taxable services provided by tour operators. The High Court refuses to award prospective overruling so that the central government does not have to refund the service tax collected …