Category: Judgments
Failure to download part-B of E-way bill might be human error-High Court orders release of seized goods and vehicle without penalty ABCAUS Case Law Citation: ABCAUS 2450 (2018) 08 HC The Petitioner assessee was aggrieved by the seizure of goods under the provisions of UP GST Act for …
Assessee could not be taxed more than what it had received-High Court upholds Tribunal order allowing commission paid by the assessee ABCAUS Case Law Citation: ABCAUS 2449 (2018) 08 HC Instant Income Tax appeals were filed by the Revenue aggrieved by the order passed by the Income Tax …
There is no provision in the Partnership Act requiring that Partnership Deed should contain the ratio of profit and loss per partner-High Court ABCAUS Case Law Citation: ABCAUS 2448 (2018) 08 HC The only common question of law raised for consideration in the instant appeals was whether Section …
Commission paid to represent assessee before govt agencies for getting work held not an offence u/s 37(1) – ITAT Judgment ABCAUS Case Law Citation: ABCAUS 2447 (2018) 08 ITAT The instant appeal by the assessee was directed against the order of CIT(Appeals) in confirming inter alia the disallowance …
Non issuance of statutory notice u/s 274(1) vitiated levy of penalty u/s 271(1)(b). Mere proposal to initiate penalty proceedings not amount to recording the satisfaction-ITAT ABCAUS Case Law Citation: ABCAUS 2446 (2018) 08 ITAT The instant judgment was delivered in a bunch of appeals filed by several assessee …
Relief under the 89 of the Act is available qua a perquisite. Rule 21A and Form 10E do relate to the contribution in question – ITAT ABCAUS Case Law Citation: ABCAUS 2445 (2018) 07 ITAT The instant appeal was filed by the assessee against the CIT(A)’s action of …
TDS 194C not applicable on payment by contractee to contractor of license fee. Supreme Court dismisses SLP of the Income Tax Department ABCAUS Case Law Citation: ABCAUS 2444 (2018) 07 SC The respondent assessee was granted a contract by IRCTC for providing catering service for which the assessee …
Exemption notification should be interpreted strictly. Burden of proving applicability is on assessee who can not claim benefit of ambiguity-Supreme Court ABCAUS Case Law Citation:ABCAUS 2443 (2018) 07 SC This Constitution Bench was setup to examine the correctness of the ratio in Sun Export Corporation (Sun Export Case). …
Penalty 271(1)(c) deleted on debatable issue of revenue or capital receipt of the freight subsidy not accounted for on mercantile basis. ABCAUS Case Law Citation: ABCAUS 2442 (2018) 07 ITAT The instant appeal was filed by the assessee against the order passed by the CIT(A) in confirming the …
The right to appeal has been provided in statute u/s 249 which can only be taken away by legislative amendment and not by CBDT in a delegated manner – ITAT ABCAUS Case Law Citation: ABCAUS 2441 (2018) 07 ITAT The instant appeal was filed by the assessee against …