Category: Judgments
Purchasing many small properties itself not good enough reason to hold that it was a business transaction. The quantum or number or number of investments i.e. whether the assessee invested in a single property or in many small properties to get better appreciation, does not change the nature …
Sericulture income from sale of cocoons taxed @ 50% being not agricultural income following judgment of the Hon’ble Supreme Court ABCAUS Case Law Citation: ABCAUS 2980 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: L. Basavaraj Vs. ACIT (2015) 61 taxmann.com 67 (Karn) Lakshmanan & …
Disallowance u/s 37(1) for pan masala seized deleted following SC decision that Explanation 1 apply to business expenses not to business losses ABCAUS Case Law Citation: ABCAUS 2979 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: T.A. Quereshi Vs. CIT (2006) 286 ITR 547 The …
Addition for cash deposit deleted as cash withdrawals, redeposit took place during the year itself, there was no question of making addition ABCAUS Case Law Citation: ABCAUS 2978 (2019) (05) ITAT The appeal by the assessee was directed against the order passed by the CIT(A) against the confirmation …
Notice u/s 143(2) issued by ITO of non jurisdictional ward and consequent assessment framed was invalid and hence both quashed ABCAUS Case Law Citation: ABCAUS 2977 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: Hindustan Transport Co. vs. Inspecting Assistant Commissioner 189 ITR 326 Abhishek …
Arrest under GST Act-Supreme Court says High courts have to keep in mind the recent dismissal of SLP by it on the subject. Position in law to be clarified ABCAUS Case Law Citation: ABCAUS 2976 (2019) (05) SC The other day the Hon’ble Supreme Court had dismissed the …
Section 148 of Negotiable Instruments Act 1881 Act apply retrospectively to offence u/s 138 even where criminal complaints were filed prior to amendment Act prior to 01.09.2018. ABCAUS Case Law Citation:ABCAUS 2975 (2019) (05) SC Important Case Laws Cited/relied upon by the parties:Garikapatti Veeraya v. N. Subbiah Choudhury, reported in AIR 1957 SC 540; In the instant case …
Penalty u/s 271AAB-Cash advances recorded in diary held not undisclosed Income when assessee was not carrying on any business and declared the surrendered income in return ABCAUS Case Law Citation: ABCAUS 2974 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: DCIT, Coimbatore Vs. R. Elanyovan …
Deduction u/s 80P(2) not allowed for unexplained income assessed u/s 68 of the Act. The addition u/s 68 did not increases income allowable for deduction u/s 80P ABCAUS Case Law Citation: ABCAUS 2973 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: A. Govindarajalu Mudaliar vs. …
Penalty u/s 271(1)(b) deleted when assessment was framed u/s 143(3) proving that the assessee had cooperated in the assessment proceedings ABCAUS Case Law Citation: ABCAUS 2972 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: Pramila Kumari Vs DCIT (2011) 49 CCH 0401 In the instant …