Category: High Courts

CA providing fake accommodation entries banned/removed from practice for life by PH High Court on reference by ICAI holding him guilty of misconduct

CA providing fake accommodation entries banned/removed from practice for life by PH High Court on reference by ICAI holding him guilty of misconduct

June 12, 2016 High Courts, ICAI, Judgments
CA providing fake accommodation entries banned/removed from practice for life by PH High Court on reference by ICAI holding him guilty of misconduct. Case Law Details: Civil Reference No. 5 of 2012 (O&M) Institute of Chartered Accountants of India (Petitioner) v. Vivek Kapoor and others (Respondents) Date of …
Service tax Department can not audit under rule 5A2-Delhi HC quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to FA

Service tax Department can not audit under rule 5A2-Delhi HC quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to FA

June 3, 2016 High Courts, Judgments, Service Tax
Service tax Department can not audit under rule 5A(2)-Delhi High Court quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to Finance Act. Case Law Details: W.P.(C) 5192/2015 & CM No. 9417/2015 Mega Cabs Pvt. Ltd (Petitioner) vs. UOI and Ors (Respondents) Date of Judgment: 03/06/2016 …
Section 292BB can not cure time barred notice us 1432 issued after prescribed time limit. There is distinction between issue, service of notice-Allahabad HC

Section 292BB can not cure time barred notice us 1432 issued after prescribed time limit. There is distinction between issue, service of notice-Allahabad HC

May 23, 2016 High Courts, Income Tax, Judgments
Section 292BB can not cure time barred notice us 143(2) issued after prescribed time limit. There is distinction between issue and service of notice-Allahabad High Court Case Law Details: Income Tax Appeal: No. 58 of 2016 Appellant :- Commissioner Of Income Tax (Exemption), Lucknow Respondent :- M/S Sushila Umrao …
Fresh tangible material not required to reopen if return processed u/s 143(1) and intimation is sent. AO to form only reasons to believe that income escaped-Delhi High Court

Fresh tangible material not required to reopen if return processed u/s 143(1) and intimation is sent. AO to form only reasons to believe that income escaped-Delhi High Court

May 22, 2016 High Courts, Income Tax, Judgments
Fresh tangible material not required to reopen an assessment where the initially the return of income is processed u/s 143(1) and an intimation is sent to the assessee, the reopening of such assessment requires the AO to form reasons to believe that income has escaped assessment, but such reasons do …
Reopening us 147 148 invalid if assessee replied questionnaire raising specific queries during original assessment as it would amount to change of opinion

Reopening us 147 148 invalid if assessee replied questionnaire raising specific queries during original assessment as it would amount to change of opinion

May 17, 2016 High Courts, Income Tax, Judgments
Reopening us 147 148 invalid if assessee replied questionnaire raising specific queries during original assessment as it would amount to change of opinion-Delhi High Court. Case Law Details: WP(C) 2526/2015 Allied Strips Limited (Petitioner) vs. Assistant Commissioner of Income Tax  (Respondent) Date of Judgment: 12/05/2016 Coram: Justice Sanjeev …
CBDT Instruction No 1-2015 held illegal and quashed by Delhi High Court. Refunds not to be denied to assessees for notices issued u/s 143(2) cases

CBDT Instruction No 1-2015 held illegal and quashed by Delhi High Court. Refunds not to be denied to assessees for notices issued u/s 143(2) cases

May 17, 2016 High Courts, Income Tax, Judgments
CBDT Instruction No 1-2015 held illegal and quashed by Delhi High Court It further directed that the said instruction shall not be relied upon to deny refunds to the Assessees in whose cases notices might have been issued under Section 143(2) of the Income Tax Act, 1961. Case Law Details: …
PE under Indo-US DTAA-Adobe India not PE of Adobe Systems USA as agent must have authority to conclude contracts on behalf of the enterprise

PE under Indo-US DTAA-Adobe India not PE of Adobe Systems USA as agent must have authority to conclude contracts on behalf of the enterprise

May 17, 2016 High Courts, Income Tax, Judgments
PE under Indo-US DTAA-Adobe India not PE of Adobe Systems USA as agent must have authority to conclude contracts on behalf of the enterprise-Delhi High Court Case Details: WP(C) 2384, 2385, 2390 of 2013 Adobe Systems Incorporated  (Petitioner) vs. Assistant Director of Income Tax & Anr (Respondents) Date of …
Income Tax Website Legal Corner

Income Tax Website Legal Corner. Questions of Law admitted or dismissed by Bombay High Court to be displayed section­wise.

May 16, 2016 High Courts, Income Tax, Judgments
Income Tax Website Legal Corner. Questions of Law admitted or dismissed. by Bombay High Court to be displayed section­wise. Case Law Details: ITA No. 2287 OF  2013 The Commissioner of Income Tax­8 (Appellant) vs. M/s. TCL India Holdings Pvt. Ltd (Respondent) Date of Judgment: 06-05-2016 Coram: Justice M. S. Sanklecha and Justice A. K. Menon The question:  This appeal was filed by the Revenue raises questions with regard to …