Category: Judgments
Cash redeposits claimed out of withdrawals unlikely if deposited in remote bank branches not near to the assessee’s office or residence. No person will go to a branch to deposit extra cash leaving another bank branch near to his office/residence-ITAT ABCAUS Case Law Citation: ABCAUS 2255 (2018) (03) …
ICAI jurisdiction in disciplinary proceedings is confined to Show-Cause Notice. It can not ask response on applicability of Income Tax Act, FEMA, Benami Act, Prevention of Money Laundering Act, etc. ABCAUS Case Law Citation: ABCAUS 2254 (2018) (03) HC The Serious Fraud Investigation Office (SFIO) lodged a complaint …
The Legislature cannot overturn a judgment by way of introducing an amendment to make the judgment wrong or a nullity-Supreme Court declares retrospective amendment as illegal ABCAUS Case Law Citation: ABCAUS 2253 (2018) (03) SC The Karnataka Money Lenders Act, 1961 (M.L. Act) regulates and control the transactions …
Addition for cash deposit in joint bank account with grandfather upheld. High Court rejected the plea that the assessee was only helping his old grand-father for operating the bank account. ABCAUS Case Law Citation: ABCAUS 2252 (2018) (03) HC The appellant assessee was aggrieved by the order of …
Supreme Court issues direction for implementation of the BOCW Act and Cess Act for the benefit of building and other construction workers. Symbolic justice-there is nothing more to offer to several millions of construction workers in the unorganized sector – not social justice, not economic justice. The reason is …
Authority for recording of satisfaction for grant of registration u/s 12AA-High Court upheld ITAT direction for registration of Charitable Institution. ABCAUS Case Law Citation: ABCAUS 2250 (2018) (03) HC Recently, a Division Bench of Hon’ble the Allahabad High Court had held that the Tribunal has no jurisdiction in …
Provisions for exemptions u/s 10(23C) and 12AA are completely different and independent Rejection of former did not automatically result in denial of later-High Court ABCAUS Case Law Citation: ABCAUS 2249 (2018) (03) HC The respondent assessee was a society. The Assessing Officer during the course of the assessment …
Refund u/s Section 244A for delay in curing defects in TDS certificates-Commissioner of Income Tax is the final fact finding authority- High Court declines to interfere. ABCAUS Case Law Citation: ABCAUS 2248 (2018) (03) HC The return of income of the Petitioner bank was processed u/s 143(1) and …
Penalty u/s 271AAA-what constitutes substantiating how undisclosed income was derived-High Court explains prerequisites of statement u/s 132(4) to avert penalty ABCAUS Case Law Citation: ABCAUS 2247 (2018) (03) HC The Revenue was aggrieved by the order of the ITAT in deleting the penalty u/s 271AAA of the Income …
Order passed by four member Appellate Authority against CA was valid. Under doctrine of necessity recusal of one member not affect hearing and decision-High Court ABCAUS Case Law Citation: ABCAUS 2246 (2018) (03) HC The Petitioner chartered accountant (CA) challenged before the Hon’ble High Court the order passed …