Category: Judgments
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 …
Addition for undisclosed purchases based on diary of supplier deleted as no addition was made for unaccounted sales in the hand of supplier surveyed ABCAUS Case Law Citation: ABCAUS 2440 (2018) 07 ITAT The instant appeal was filed by the assessee against the order passed by the CIT(A) …
Addition u/s 69 deleted as AO failed to call information from bank of loan creditor. Case restored back for verifying creditworthiness of the loan creditor by calling information from the Bank ABCAUS Case Law Citation: ABCAUS 2439 (2018) 07 ITAT The instant appeal was filed by the assessee …
Interest on loan against FDR security not deductible u/s 57 against interest income earned on FDR on the ground of protecting interest income from fixed deposits – ITAT ABCAUS Case Law Citation: ABCAUS 2438 (2018) 07 ITAT The instant appeal was filed by the assessee against the order …
Disallowance u/s 40(a)(ia) not affected even if payee considers the receipt as income and pays tax thereon – ITAT follows Kerala High Court ABCAUS Case Law Citation: ABCAUS 2437 (2018) 07 ITAT The appeal was filed by the assessee against the order of the Commissioner of Income Tax …