Category: Judgments
Reopening done at the insistence of CIT held as change of opinion and was vitiated in law as it did not satisfy the legal requirement of Section 147 of the Act ABCAUS Case Law Citation:ABCAUS 3124 (2019) (08) HC Important case law relied upon by the parties:Larsen and …
Revision u/s 263 merely on ground of non-discussion / non-mentioning of reply to queries in assessment proceeding/order is invalid ABCAUS Case Law Citation:ABCAUS 3123 (2019) (08) HC Important case law relied upon by the parties:Malabar Industrial Company vs. CIT (2000) 109 taxman 66 (SC)CIT vs. Krishan Capbox Ltd. …
Incriminating documents belonging to or containing information pertaining to assessee. The High Court explains the amendment made in section 153C ABCAUS Case Law Citation:ABCAUS 3122 (2019) (08) HC Important case law relied upon by the parties: Pepsi Foods Pvt. Ltd. v. Assistant Commissioner of Income Tax (2014) 367 …
Proceedings initiated u/s 148 instead of section 153C quashed. ITAT explains the difference between jurisdiction under both sections ABCAUS Case Law Citation:ABCAUS 3121 (2019) (08) ITAT Important case law relied upon by the parties:National Thermal Power Co. Ltd., Vs. CIT (SC).Smt.Archana Pandey Vs. ITO (2013) F G. Koteshwara …
Section 292BB does not save complete absence of notice. Section seeks to cure only infirmities in service of notice – Supreme Court ABCAUS Case Law Citation:ABCAUS 3120 (2019) (08) SC Important case law relied upon by the parties:ACIT v. Hotel Blue Moon’ (2010) 321 ITR 362 The instant …
Transfer pricing adjustment without reference to TPO. Supreme Court upholds that AO breached mandatory Instruction but restored appeal to AO ABCAUS Case Law Citation:ABCAUS 3119 (2019) (08) SC Important case law relied upon by the parties: The instant Appeal by Special Leave was made by the Revenue to …
Penalty notice u/s 271AAB without specifying ground and default in the show cause notice u/s 274 held not valid – ITAT quashed the order passed ABCAUS Case Law Citation:ABCAUS 3118 (2019) (08) ITAT Important case law relied upon by the parties:CIT vs. Manjunatha Cotton & Ginning Factory 359 …
Penalty notice u/s 271(1)(c) without specifying specific charge quashed. The decisions relied by Revenue rejected by the Tribunal  ABCAUS Case Law Citation:ABCAUS 3117 (2019) (08) ITAT Important case law relied upon by the parties:Jagdamba Prasad Gupta, Delhi vs. ACITSundaram Finance Ltd., vs. CIT 403 ITR 407 (Mad.) …
Application of correct limb of penalty u/s 271(1)(c) is a question of fact and not a question of law. ITAT dismissed issue raised before it for the first time ABCAUS Case Law Citation:ABCAUS 3114 (2019) (08) ITAT Important case law relied upon by the parties:Sundaram Finance 403 ITR …
If business not closed down, expenses allowed u/s 37(1) even if turnover was low as it was temporary lull which assessee was trying to revive – ITAT ABCAUS Case Law Citation:ABCAUS 3113 (2019) (08) ITAT The instant appeal had been filed by the assessee against impugned order passed …
