Category: High Courts
Creditors not barred by limitation if liability acknowledged in accounts, creditors can rely on the said acknowledgment-High Court ABCAUS Case Law Citation: ABCAUS 2185 (2018) (01) HC Brief Facts of the Case: The assessee, during the course of the assessment proceedings had furnished details of the creditors. …
The High Court explains the law on levy of interest u/s 234B(3) when reassessment is done determing escaped income after issue of refund. Prelude: Section 234B(3) of the Income Tax Act, 1961 (the Act) provides for levy of interest where a reassessment or re-computation under Section 147 or …
Exempted income can not be taxed even if no revised return filed. AO in proceedings u/s 143 can not refuse to grant relief on such technical plea – High Court ABCAUS Case Law Citation: ABCAUS 2183 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Goetze …
Business expediency not a question of law, much less a substantial question of law-High Court. If expected fruits are not reaped from a business proposition, it is no basis to challenge the business expediency. ABCAUS Case Law Citation: ABCAUS 2182 (2018) (01) HC The Challenge/Grievance: The instant appeal …
While considering the question of perversity of a finding of fact, the test applicable are strict-High Court ABCAUS Case Law Citation: ABCAUS 2181 (2018) (01) HC The appellant Revenue had filed the instant appeal challenging that findings recorded by the Income Tax Appellate Tribunal (ITAT) were perverse and …
High Court directs reopening of GST Portal for filing TRAN-1 of the Petitioner as the Portal did not respond on the last date resulting loss of ITC to the trader. The non response by the GST Common Portal on the last date for filing various online Forms due …
At the stage of admission, Settlement Commission not expected or be compelled to utilizing the machinery available to call records invoking Rule 9 or Section 245D(3). The petitioner should satisfy the Settlement Commission that there has been full and true disclosure ABCAUS Case Law Citation: ABCAUS 2178 (2018) …
CBDT Compounding of offences Guidelines not illegal or arbitrary. Principle of proportionality also not apply as fee is paid to avoid punishment for a criminal offence-High Court Chapter XXII of the Income Tax Act, 1961 (the Act) deals with Offences and Prosecution. Section 279(2) provides that any offence …
Mere categorisation of land as agricultural in revenue records not suffice for capital gain exemption. Whether a land is agricultural or not is a question of fact – High Court Prelude: Section 2(14) of the Income Tax Act, 1961 (the Act) defines “capital assets”. It also provides for …
Provision for interest on overdue fixed deposits was ascertained liability as the assessee was able to identify it when it filed returns-High Court ABCAUS Case Law Citation: ABCAUS 2168 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Bharat Earth Movers Ltd. Vs CIT, (2000) 245 …