Category: Judgments
When AO not submitted remand report, no adverse inference can be taken against assessee. The order of CIT-A was bizarre and beyond comprehension – ITAT ABCAUS Case Law Citation: ABCAUS 2794 (2019) (02) ITAT The assessee had filed the appeal against the order of the Commissioner of Income …
Purchaser of goods not entitled to claim refund of duty paid under protest by manufacturer after limitation period u/s 11B of the Central Excise Act ABCAUS Case Law Citation: ABCAUS 2793 (2019) (02) SC Important Case Laws Cited/relied upon by the parties M/s. Fenner (India) Ltd. Vs. Collector of Central Excise, Madurai 1995 …
Computation of turnover for share/derivatives trading and applicability of Section 44AD. AO to either follow ICAI guidance note on tax audit or compute turnover based upon evidence on record – ITAT ABCAUS Case Law Citation: ABCAUS 2791 (2019) (02) ITAT According to the Guidance Note of ICAI on …
Partners remuneration as allowable u/s 40(b)(v) in profit-sharing ratio. ITAT upheld the remuneration clause in the partnership deed ABCAUS Case Law Citation: ABCAUS 2790 (2019) (02) ITAT Important Case Laws Cited/relied upon by the parties Sood Brij & Associate Vs. CIT (2010)15 taxmnn.com 76 (Delhi) CIT vs. Vaish …
Clandestine removal of goods without payment of excise duty can not be alleged on the basis of bilties/GRs recovered from transporters without conducting any investigation. – HC ABCAUS Case Law Citation: ABCAUS 2789 (2019) (02) HC The respondent-assessee was a company registered under the Indian Companies Act and was …
Question of ITC in Building Construction Material such as Angle, Cement, H.R. Sheets, Channel, Cylinder etc. under UPVAT – High Court admits Petition ABCAUS Case Law Citation:ABCAUS 2788 (2019) (02) HC The respondent company had claimed Input Tax Credit (I.T.C.) in regard to the Building Construction Material such …
No penalty u/s 271A when assessee was under Bonafide belief that being covered under section 44AF he was not required to maintain books of account ABCAUS Case Law Citation: ABCAUS 2787 (2019) (02) ITAT Important Case Laws Cited/relied upon by the parties ACIT vs Anil Luthra (2001) 116 …
Rectification order u/s 154 revising NP rate on the basis of previous year’s chart was beyond the scope of rectification of mistake and amounted to change of the decision – ITAT ABCAUS Case Law Citation: ABCAUS 2786 (2019) (02) ITAT The assessee had challeneged the rectification order passed …
Even if at passing the original assessment order, there is a mistake or non-application of mind, initiation of re-assessment the proceedings bad in law – HC ABCAUS Case Law Citation: ABCAUS 2785 (2019) (02) HC Important Case Laws Cited/relied upon by the parties Calcutta Discount Co. Ltd. Vs. …
Statement recorded u/s 131 though binds the assessee cannot be independently used for making addition unless corroborated by evidences – ITAT ABCAUS Case Law Citation: ABCAUS 2784 (2019) (02) ITAT Important Case Laws Cited/relied upon by the parties CIT Vs M/s. Hotel Meriya ; Produce Co. Ltd. vs …
