Category: High Courts
Reopening notice us 148 against amalgamated company was void ab initio as on that day the company was not in existence. Even if Department was not aware of that fact, will not make any difference to the legal position – High Court ABCAUS Case Law Citation: ABCAUS 2013 …
Section 68 not attracted to amount representing credit purchases. Findings of ITAT upheld by High Court ABCAUS Case Law Citation: ABCAUS 2012 (2017) (08) HC The respondent assessee was a Government Contractor in the business of road construction. His return of income was selected for scrutiny and …
If accounts are audited AO has to explain the rejection of profit with sufficient clarity. When there are audited accounts of an entity and the calculation of the GP ratios hinges upon their analysis, the AO should not lightly undertake an exercise that would amount to negating those …
Limitation period for revision Petition 264 starts with service of intimation u/s 143(1) and not from the date when assessee comes to know about the processing of the return – High Court The expression ‘the date on which he otherwise came to know of it’ as per section …
Rejection of technical bid due to curable defect of missing notary stamp on some of the tender documents held as untenable and bad in law. The Bidder acted in a capricious manner resulting in discrimination. Delhi High Court ABCAUS Case Law Citation: ABCAUS 2009 (2017) (07) HC The …
Reopening reasons must explain what material was not disclosed which the assessee ought to have disclosed. Explanation-1 of section 147 do not relieves AO of burden of demonstrating the assessee’s failure. Delhi High Court explains the jurisdictional requirement of reopening of income tax cases u/s 14/148 post amendment …
Questions/expressions of Ram Jethmalani against Arun Jaitely declared indecent and scandalous by Delhi High Court ABCAUS Case Law Citation: ABCAUS 2007 (2017) (07) HC The present petition was filed by Shri Arun Jaitely (Plaintiff) seeking expeditious recording of the evidence in a time bound manner in the …
SC directs ICAI to provide complainant’s statement to CA for alleged misconduct. High Court to interpret Regulation 16 of the CA Regulations 1988. ABCAUS Case Law Citation: ABCAUS 2006 (2017) (07) HC/SC Brief Facts of the Case: Disciplinary proceedings on the alleged charges of misconduct were initiated …
Tribunal not competent to travel beyond the scope of appeal in making the addition It has to confined itself to questions arising or subject matter of appeal – Allahabad High Court ABCAUS Case Law Citation: ABCAUS 2005 (2017) (07) HC The Substantial Question of Law framed for determination: Whether …
What was not income in earlier years can not be written off as debt. The failure of share broker to return the money was at the highest a business loss and nothing more – Delhi High Court ABCAUS Case Law Citation: ABCAUS 2004 (2017) (07) HC The Grievance: …