Category: Judgments
No concealment penalty for wrong claim on the advice of CA. Even if it was wrong, it could be a good case for addition but not for penalty – Punjab & Haryana High Court ABCAUS Case Law Citation: ABCAUS 1296 (2017) (07) HC The Question framed for determination: …
Exempt salary received in NRE account not taxable on receipt basis merely because the foreign employers remitted salary to the assessee’s NRE bank account in India-Calcutta High Court ABCAUS Case Law Citation:ABCAUS 1295 (2017) (07) HC The Question framed for determination:“Whether on the facts and in the circumstances …
Donation made to BJP-Congress not claimed in return allowed following Supreme Court judgment that ITAT powers not limited in dealing with claim of the assessee not made before AO. ABCAUS Case Law Citation: ABCAUS 1293 (2017) (07) HC The Question for determination: Whether in the facts and in …
GST Registration of Lawyers-No clarity on whether all legal services would be governed by reverse charge mechanism. Delhi HC orders no coercive action for non-registration. ABCAUS Case Law Citation: ABCAUS 1293 (2017) (07) HC The Petitioner was a lawyer and sole proprietor based at Delhi and engaged in …
Sales tax allowed to be retained for production in backward area held revenue receipt in the absence of any condition towards capital utilization-Delhi High Court ABCAUS Case Law Citation: ABCAUS 1292 (2017) (07) HC The Question framed for determination: Whether the ITAT was correct in law in holding …
If foundational addition is deleted other addition can not stand. CIT(A) cannot do what AO could not have done in original assessment-ITAT ABCAUS Case Law Citation: ABCAUS 1291 (2017) (07) ITAT Assessment Year : 2006-07 Important Case Laws Cited/relied upon: CIT vs. Kanpur Coal Syndicate (1964) 53 ITR …
Exemption us 54F-if investment made before time allowed us 139(4) for filing of belated return. ITAT allowed exemption follwoing High Court judgments ABCAUS Case Law Citation: ABCAUS 1290 (2017) (07) ITAT The Issue: The only issue raised in the instant appeal was against denial of partial exemption u/s …
Chit fund business not cash or fund management for service tax levy purpose. Chit fund not covered u/s 12 of Section 65 of Finance Act 1994-Supreme Court ABCAUS Case Law Citation: ABCAUS 1289 (2017) (07) SC The Question framed for determination: Question No.1 – Whether chit fund activity …
Penalty u/s 221(1)-Interest component has to be excluded while levying Penalty. The term “tax in arrears” does not include interest component-Bombay HC ABCAUS Case Law Citation: ABCAUS 1288 (2017) (07) HC The Question framed by the Appellant Revenue: (1) Whether on facts and in the circumstances of the case and in law, the ITAT …
Penalty us 271(1)(c) invoking discretionary jurisdiction us 40A(2)(b) invalid. Income assessed on the basis of deeming provisions would not amount to non-disclosure-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1287 (2017) (07) HC The Issue: The only point of the litigation was regarding the levy of penalty under Section …