Category: Judgments
Allowability of Exemption u/s 54 where new residential property used partly for commercial purposes . ITAT remanded case for verification of the proposition ABCAUS Case Law Citation:ABCAUS 3100 (2019) (08) ITAT Important case law relied upon by the parties:Seema Sabharwala vs. Income Tax OfficerM. Subramanian vs. DCIT i …
Change of opinion not permissible for invoking proceedings u/s 147. ITAT quashed reassessment for payment of managerial remuneration in proprietorship firm ABCAUS Case Law Citation:ABCAUS 3099 (2019) (08) ITAT Important case law relied upon by the parties:CIT v. Kelvinator of India Ltd.: 320 ITR 561(SC) The instant appeal …
Deemed Registration u/s 12AA-Supreme Court admits SLP on the issue as to whether provisions of Section 12AA of the Income Tax Act, 1961 are directory or mandatory ABCAUS Case Law Citation:ABCAUS 3098 (2019) (08) SC The Sub-section 2 of Section 12AA of the Income Tax Act, 1961 (the …
In absence of cost of acquisition of development rights, TDR cannot be taxed as a capital gain. Supreme Court dismissed SLP of Department ABCAUS Case Law Citation:ABCAUS 3097 (2019) (08) SC Important case law relied upon by the parties:Sambhaji Nagar Co-op. Hsg. Society Ltd. (2015) 370 ITR 325 …
Issue of notice u/s 148 by Non jurisdictional AO not valid. Section 292BB not applicable where assessee had already objected the issue before AO ABCAUS Case Law Citation:ABCAUS 3096 (2019) (08) ITAT The instant appeal filed by the assessee was directed against the order of CIT(A). The assessee …
CGST Act not empower Govt. to frame rule providing lapse of ITC. Notification No. 20/2018 and Circular No.56/30/2018-GST quashed and declared ultra vires to that extent ABCAUS Case Law Citation:ABCAUS 3095 (2019) (08) HC Important case law relied upon by the parties:Dipak Vegetable Oil Industries Ltd. Vs. Union …
Order of remand by ITAT does not give rise to any substantial question of law warranting an appeal, under Section 260-A of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3094 (2019) (07) HC The instant appeals were filed under Section 260-A of the Income Tax Act, 1961 …
Certificate u/s 197 given by AO under dictation of superior officer bad in law. It’s a quasi-judicial decision has to be taken by the AO on objective criteria and relevant material – High Court ABCAUS Case Law Citation:ABCAUS 3093 (2019) (07) HC Important Case Law relied upon by …
Lack of significant discussion of every argument by ITAT does not constitute a substantial question of law – High Court upheld revision u/s 263 ABCAUS Case Law Citation:ABCAUS 3092 (2019) (07) HC The assessee had appealed under Section 260A of the Income Tax Act, 1961 (the Act) alleging …
Revision u/s 263 upheld as AO failed to initiate penalty proceedings u/s 271(1)(c) where assessee increased income in revised return filed u/s 148 ABCAUS Case Law Citation:ABCAUS 3091 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:CIT v. Bhikaji Dadabhai and Co. 42 ITR 123ACIT vs. …
