Category: Judgments

Indirect expenses can never be in proportion to sale. There was no reason to ask justification to explain variation in expenses for the fluctuation in sales

Indirect expenses can never be in proportion to sale. There was no reason to ask justification to explain variation in expenses for the fluctuation in sales and make addition of projected expenses on the basis of increase in sale.  This was held by ITAT, Chandigarh while quashing additions …

Penalty us 158BFA2 for jewellery Loose Papers found during search as undisclosed income deleted as addition was made on the basis of probabilities

Penalty us 158BFA2 for jewellery Loose Papers found during search as undisclosed income deleted as addition was made on the basis of probabilities. Case Law Details: ITA No.85/Lkw/2016  Block Period ending on 14/09/2002 Dr. Harnam Singh vs. ACIT Date of Judgment: 27/05/2016 Brief Facts of the Case: During …

Compliance of natural justice in disciplinary inquiry necessary. There are no specific statutory rule requiring observance of natural justice-Supreme Court

Compliance of natural justice in disciplinary inquiry necessary-Supreme Court The Supreme Court in a recent judgment has dwelt upon the compliance of principles of natural justice in a disciplinary inquiry and summarised the emerging points on the subject. Case Details: Civil Appeal No. 2265 of 2011 Chamoli District Co-operative Bank Ltd. & …

Fit and proper status of over-aged bank director. RBI Nomination Committee rejection for over age and twice election remanded back by Supreme Court

Fit and proper status of over-aged bank director. RBI Nomination Committee rejection for over age and twice election remanded back by Supreme Court Case Details: Civil Appeal No. 4820 of 2016 UCO Bank (Appellant) vs. Saumyendra Roy Choudhury & Ors (Respondent) Date of Judgment: 05/05/2016 Coram: Justice Kurian Joseph and …

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 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 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 …

CBDT Instruction 1916 Jewellery relief is applicable to additions also. This is held by ITAT Delhi taking the pre-dominant view of various High Courts

CBDT Instruction 1916 dated 11-05-1994 cbdt-instruction-1916 Jewellery relief is applicable to additions also. This is held by ITAT Delhi taking the pre-dominant view of various High Courts ABCAUS Case Law Citation: 932 2016 (05) ITAT Assessment Year : 2010-11 Brief Facts of the Case: The assessee was subjected …

Addition for Jewellery in daughter-in-laws bedroom locker found during search operation u/s 132 deleted when she was having separate sources of income

Jewellery found in daughter-in-law’s bedroom locker of at the time of search u/s 132 can not be added to the assessee’s income  when she was having a seperate source of income- ITAT Delhi Case Law Details: ITA No.3763 and 3757/Del/2012 Assessment Year : 2010-11 S.C. Verma vs. ACIT/ACIT vs S.C. Verma Date …