Category: Judgments
AO directed to decide objections before making re-assessment as per law laid down by Supreme Court in the case of GKN Driveshafts (India) Limited ABCAUS Case Law Citation: ABCAUS 2621 (2018) (11) HC Important Case Laws Cited/relied upon: GKN Driveshafts (India) Limited Vs. Income Tax Officer (2003) 259 …
Reducing depreciation rate not debatable issue to invoke section 154 for rectification. Error discovered from records constitute apparent error ABCAUS Case Law Citation: ABCAUS 2620 (2018) (11) ITAT Important Case Laws Cited/relied upon: CIT vs. Dr. K.R. Jayachandran (212 ITR 637) CIT vs. dr. B. Venkata Rao (2000) …
Provision for submission of ICAI election nomination forms in multiple not required. High Court directs ICAI to consider its discontinuance. Failure to sign the undertaking is a defect of substantial character not a technical one. ABCAUS Case Law Citation: ABCAUS 2619 (2018) (11) HC Important Case Laws Cited/relied upon: …
Directors equally responsible for furnishing of return of company as is the managing director. High Court declines to interfere prosecution u/s 276CC ABCAUS Case Law Citation: ABCAUS 2618 (2018) (11) HC Important Case Laws Cited/relied upon: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) 5 SCC 139 …
Difference in cash deposits in bank and turnover declared in VAT return treated as income u/s 69A. High Court upheld the addition ABCAUS Case Law Citation: ABCAUS 2617 (2018) (11) HC The appellant had filed the instant appeal with the Hon’ble High Court against the order passed by …
ITAT explain the expression wholly and exclusively used in section 37. ‘Wholly” relates to quantification and “exclusively” refers to the motive, objects and purpose of the expenditure. ABCAUS Case Law Citation: ABCAUS 2616 (2018) (11) ITAT The appellant assessee was in appeal before the Tribunal against order of …
TDS on payments to non-residents applicable at rates prescribed under DTAAs, not 20 per cent. Section 206AA not override provisions of Section 90(2) – ITAT ABCAUS Case Law Citation: ABCAUS 2615 (2018) (11) ITAT Important Case Laws Cited/relied upon: Azadi Bachao Andolan vs UOI (2003) 263 ITR 706 …
Commissioner Appeals cannot not enhance assessment unless the assessee had a reasonable opportunity of showing cause against such enhancement – ITAT ABCAUS Case Law Citation: ABCAUS 2614 (2018) (11) ITAT Important Case Laws Cited/relied upon: Gedore Tools Pvt. Ltd. Vs. CIT 238 ITR 268 Spandana Foundation Vs. ADIT …
Compensation received from builder under settlement for failure to give possession of flat within stipulated time held not capital receipts nor interest, hence taxable at all ABCAUS Case Law Citation: ABCAUS 2613 (2018) (11) ITAT Important Case Laws Cited/relied upon: Kettlewell Bullen & Co. Ltd. Vs CIT (10\964) …
Mistake in mentioning some digits of Truck number on E-way bill – High Court directs release of goods and vehicle on furnishing security and indemnity bond ABCAUS Case Law Citation: ABCAUS 2612 (2018) (11) HC Lately, the Hon’ble Allahabad High Court had held that Seizure of goods for …