Category: Judgments
Stipulation of 120 days for release of seized jewellery/gold u/s 132B is directory not mandatory – Delhi High Court In a recent judgment, Hon’ble Delhi High Court has held that in view of section 132B(4), the stipulation of 120 days for release of seized jewellery/gold is directory not …
Filing audit report in Form 10CCB within due date is mandatory. The assessee cannot claim deduction u/s 80-IA(7) he ground that Form 10CCB was filed before passing of assessment order – ITAT In a recent judgment, ITAT Raipur has held that the audit report in Form 10CCB had …
CSR expenditure of companies is allowable under section 80G unless fall under the two exceptions specified. In a recent judgment, ITAT Ahmedabad has held that CSR expenditure of companies is allowable under section 80G as intention of the Legislature was clear when the same was clarified by the …
Jurisdiction of ITAT is determined not by the place of business or residence of assessee but by the location of the AO – ITAT In a recent judgment, Agra ITAT has dismissed the appeal of the assessee observing that the ordinary jurisdiction of the Bench will be determined …
Notice u/s 148 set-aside and remitted back since the assessee’s e-mail was inactive leading to all notices go un-noticed In a recent judgment, Karnataka High Court has set-aside notice u/s 148 and order passed u/s 147 since the assessee’s e-mail was inactive and therefore all notices went un-noticed …
AO after dropping an issue in assessment u/s 143(3) for lack of evidence is competent to re-open such issue upon gathering necessary information – Calcutta High Court In a recent judgment, Hon’ble Calcutta High Court has held that the jurisdictional assessing officer after having dropped an issue on …
Merely because jewellery is converted into solid gold / gold biscuits, it cannot be presumed to be unexplained or in excess of permissible limit – ITAT In a recent judgment, ITAT Ranchi has held that merely because the jewellery has been converted into solid gold / gold biscuits, …
Assessee cannot be given a second innings to make good its case – ITAT declines to remand the case second time In a recent judgment, ITAT Panji has held that a luxury litigant assessee cannot be given a second innings to make good its case and declined to …
When cash deposits represent business receipts, income to be estimated by applying a reasonable profit rate. In a recent judgment, ITAT Ranchi has held that when cash deposits represent business receipts, it would be appropriate to estimate income by applying a reasonable profit rate. ABCAUS Case Law Citation:4955 …
Under percentage completion method, selling/Admin costs are allowable despite no revenue declared as per guidance note of ICAI. In a recent judgment, ITAT Delhi has held that under percentage completion method, selling costs like advertisement, business promotion and commission expenses are allowable despite that assessee had not declared …
