Category: Judgments

CMA-Writ against 3 years exemption withdrawal in cost accountancy exam dismissed. Amendment to ICMAI Regulation 41(2) not retrospective-High Court

CMA-Writ against 3 years exemption withdrawal in cost accountancy exam dismissed. Amendment to ICMAI Regulation 41(2) not retrospective-High Court ABCAUS Case Law Citation: ABCAUS 1146 (2017) (02) HC Important Case Laws Cited/relied upon: All India Council for Technical Education vs. Surinder Kumar Dhawan & Ors. (2009) 11 SCC 726 …

Advance tax not payable-Income declared after financial year closure. ITAT deleted interest u/s 234B and 234C on income declared in survey

Advance tax not payable-Income declared after financial year closure. ITAT deleted interest u/s 234B and 234C on income declared in survey ABCAUS Case Law Citation: ABCAUS 1145 (2017) (02) ITAT The Ground of Appeal: The only ground that survived for consideration was as under: That CIT(A) erred in …

Rule 8D not applicable to shares held as stock in trade. Calcutta High Court upheld ITAT judgment deleting disallowance made us 14A for interest expenditure

Rule 8D not applicable to shares held as stock in trade. Calcutta High Court upheld ITAT judgment deleting disallowance made us 14A for interest expenditure ABCAUS Case Law Citation: ABCAUS 1144 (2017) (02) HC Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: Dhanuka & Sons vs. …

Jurisdiction can not be conferred even by consent of parties. No principle of law can not confer legality to such income tax proceedings-Allahabad HC

Jurisdiction cannot be conferred even by consent of parties. Acquiescence or any principle of law can not confer legality to such income tax proceedings-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1143 (2017) (02) HC Brief Facts of the Case: In the present case, the order of assessment …

Unreasonable penalty shakes confidence reduces voluntary compliance by the taxpayers. Revenue officials should be careful and reasonable in levying penalty- ITAT

Unreasonable penalty shakes confidence reduces voluntary compliance by the taxpayers. Revenue officials should be careful and reasonable in levying penalty- ITAT ABCAUS Case Law Citation: ABCAUS 1142 (2017) (02) ITAT The Grievance: The present appeal was filed by the assessee against the order of CIT(Appeals) sustaining the penalty …

Assessment on the basis of AIR without notice u/s 143(2) void ab initio without jurisdiction and liable to be quashed, as no notice issued – ITAT

Assessment on the basis of AIR without notice us 143(2) void ab initio without jurisdiction and liable to be quashed, as no notice issued – ITAT ABCAUS Case Law Citation: ABCAUS 1141 (2017) (02) ITAT Assessment Year : 2006-07 Date/Month of Pronouncement: February, 2017 Brief Facts of the …

No concealment penalty without recording findings to bonafide of the explanation offered by the assessee with reasoning. ITAT deletes penalty u/s 271(1)(c)

No concealment penalty without recording findings to bonafide of the explanation offered by the assessee with reasoning. ITAT deletes penalty u/s 271(1)(c) ABCAUS Case Law Citation: ABCAUS 1140 (2017) (02) ITAT The Grievance: The assessee is aggrieved with the levy of penalty u/s 271(1)(c) of the Income-tax Act, …

Deemed dividend-share premium not part of accumulated profits. Proportionate taxation u/s 2(22)(e) to be made if more than one shareholder satisfy conditions-ITAT

Deemed dividend-share premium not part of accumulated profits. Proportionate taxation u/s 2(22)(e) to be made if more than one shareholder satisfy conditions-ITAT  ABCAUS Case Law Citation: ABCAUS 1139 (2017) (02) ITAT Assessment Year : 2009-10 Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: Commissioner of Income …

DG Income Tax-Exemptions action illegal in not taking decision on assessee’s application seeking approval under Section 80 IB(7)(c)-Allahabad HC

DG Income Tax-Exemptions action illegal in not taking decision on assessee’s application seeking approval under Section 80 IB(7)(c)-Allahabad HC ABCAUS Case Law Citation: ABCAUS 1138 (2017) (02) HC The Substantial Question of Law in assessee’s appeal: Whether the finding recorded by the Tribunal to the effect that after …

No Interference with findings of facts unless relevant evidence not considered or finding arrived by ITAT placing reliance on inadmissible evidence-Allahabad High Court

No Interference with findings of facts unless relevant evidence not considered or finding arrived by ITAT placing reliance on inadmissible evidence-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1137 (2017) (02) HC Assessment Year : 2009-10 Date/Month of Pronouncement: February, 2017 Brief Facts of the Case: The appeal was admitted by the Lucknow …