Category: High Courts
Adding new source of income by CIT-A is beyond his powers u/s 251 of Income Tax Act if such new source is not dealt with by the Assessing Officer – High Court  ABCAUS Case Law Citation: ABCAUS 2110 (2017) (11) HC Important Case Laws Cited/relied upon by …
Reassessment quashed for being a change of opinion when view and opinion formed by AO in original assessment were doubted as erroneous-High Court  ABCAUS Case Law Citation: ABCAUS 2108 (2017) (10) HC The Challenge/Grievance: The Petitioner company had filed two writ petitions impugning notices issued under Section …
ITC under DVAT can not be denied to a bona fide purchaser who enters into a purchase with a registered selling dealer who issued a tax invoice reflecting TIN number-High Court ABCAUS Case Law Citation:ABCAUS 2107 (2017) (10) HC The Challenge/Grievance:A bunch of writ petitions had been filed …
Compensation awarded to plumber died falling from CA Society Building. There was no evidence that deceased committed suicide -High Court ABCAUS Case Law Citation: ABCAUS 2105 (2017) (10) HC A plumber working with the CA Society apartment fell down from the building resulting in fatal injuries and eventually …
Commissioner Appeals have no power to remand case back to AO for fresh assessment nor can he direct AO to decide in accordance with his directions-High Court ABCAUS Case Law Citation: ABCAUS 2104 (2017) (10) HC Important Case Laws Cited/relied upon by the parties: Dhirendra Nath Gorai v. …
Transaction entered in pursuance of MOU can not be said sham or colourable device to avoid tax when payments and MOU not disputed, Joint Venture payments not attract TDS Provisions-High Court  ABCAUS Case Law Citation: ABCAUS 2103 (2017) (10) HC In the instant case, the assessee company …
Once depreciation is claimed, asset cannot move out of the Block of Assets even if no depreciation was claimed for many years thereafter – High Court affirms ITAT order  ABCAUS Case Law Citation: ABCAUS 2102 (2017) (10) HC Brief Facts of the Case: The appellant assessee had sold a fixed assets earning profits thereon which was treated by it as …
Question affecting tax liability of assessee can be raised before the Tribunal first time and it is obliged to consider them and pass appropriate orders – High Court ABCAUS Case Law Citation: ABCAUS 2101 (2017) (10) HC In the instant case, the Income Tax Department (Revenue/Department ) had …
Tribunal not justified in remanding the case when documents are available with it. It was the duty of the tribunal to consider the same – High Court  ABCAUS Case Law Citation: ABCAUS 2100 (2017) (10) HC The High Court pronounced the common judgment while disposing off bunch …
Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders. The fiction not to be extended further for broadening the concept of shareholders – Supreme Court agrees with High Court ABCAUS Case Law Citation: ABCAUS 2099 (2017) (10) SC Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders In …
