Category: Judgments
Technology Upgradation Fund Subsidy received was capital receipt and not taxable. Supreme Court dismisses the SLP of the Department In the instant case, the Revenue had filed SLP before the Hon’ble Supreme Court challenging the order passed by the Hon’ble High Court in confirming that amount of subsidy …
Addition u/s 68 for unsecured loans/share capital on account of amalgamation as per High Court order deleted as no sum was actually received ABCAUS Case Law CitationABCAUS 3545 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming addition …
Once capital gain taxed in hands of individual member of society, same cannot be taxed again in the hands of society ABCAUS Case Law CitationABCAUS 3544 (2021) (08) ITAT Important case law relied referred:Corporation of India Ltd. – 187 ITR 688 (SC)Mohinder Kaur JoshPunjabi Coop House Building Society …
Prosecution u/s 276C(1) / 277 based on information / photocopies received under DTAA for third country non sustainable In the instant case, the Income Tax Department (Revisionist) had filed a revision petition against the impugned order passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) discharging the …
CPC can not adjust refund in excess of 20% for disputed outstanding demand. Order u/s 245 or order u/s 220(6) do not authorise recovery in excess of 20%. ABCAUS Case Law CitationABCAUS 3542 (2021) (08) HC Important case law relied referred:Amrit Singh Ahluwalia vs. State of Punjab & …
Debentures issued in lieu of interest liability allowable expenditure u/s 43B read with Explanation 3C – Supreme Court ABCAUS Case Law CitationABCAUS 3541 (2021) (08) SC The appellant had filed a SLP raising the question with reference to Section 43B Explanation 3C of the Income Tax Act, 1961 …
For difference of receipts as per 26AS and books of account, only embedded portion of profits can be added to the income ABCAUS Case Law CitationABCAUS 3540 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition …
TDS on payment to advertising agency is covered u/s 194C not 194I. Contract need not always be in writing and could be implied also. ABCAUS Case Law CitationABCAUS 3539 (2021) (08) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming …
Cancellation of Registration of trust u/s 12AA and 80G for bogus donations was right. Entity misusing status conferred upon u/s 12AA not entitled to it – Supreme Court In the instant case, the Income Tax Department had challenged the order passed by the High Court setting aside the …
Data retrieved from Pen-drive and admission by vendors though may have a persuasive value no substantive evidentiary value to make additions. Data retrieved from digital device certificate u/s 65B(4) of Evidence Act must prove its authenticity. In the instant case, the assessee had cjhallenged the order passed by …
