Category: Judgments
CA misconduct-Share application money receipt fake certificate. CA held guilty for consciously omitting date when the cheques were encashed-High Court ABCAUS Case Law Citation: ABCAUS 1119 (2017) (02) HC Brief Facts of the Case: A company invited applications for allotment of 1,80,00,000 preferential shares for cash at par. …
Jurisdictional issue not general ground requiring no adjudication. Whenever jurisdiction of an authority to pass the order is questioned then the foundational fact questioned is to be first decided-ITAT ABCAUS Case Law Citation: ABCAUS 1118 (2017) (02) ITAT Assessment Year : 2009-10 Date/Month of Judgment/Order: February, 2017 Brief …
Non-service of notice-onus is on Revenue to demonstrate that notice was issued in accordance with law. Assessee cannot be asked to lead negative evidence-ITAT ABCAUS Case Law Citation: ABCAUS 1117 (2017) (02) ITAT Assessment Year : 2007-08 Date/Month of Pronouncement: February 2017 Brief Facts of the Case: …
Penalty 271(1)(c)-Explanation need not proved completely. As long as the explanation is reasonable and bonafide penalty need not be imposed-ITAT ABCAUS Case Law Citation: ABCAUS 1116 (2017) (02) ITAT Assessment Year : 2008-09 Date of Pronouncement: 30-01-2017 Brief Facts of the Case: During the assessment, an addition …
Time barred appeals can not be entertained under Article 226 by High Court ABCAUS Case Law Citation: ABCAUS 1115 (2017) (02) HC Important Case Laws Cited/relied upon: Commissioner of Custom and Central Excise v. Hango Indian Pvt. Limited M/s Hindustan Times vs. Union of India Panopharma vs. UOI …
Order us 263 not nullity if notice not signed by CIT, when opportunity of hearing was otherwise given by the Commissioner-ITAT ABCAUS Case Law Citation: ABCAUS 1114 (2017) (02) ITAT Assessment Year : 2010-11 Brief Facts of the Case: In a recent judgment, ITAT, Kolkata dismissed a bunch …
CA Misconduct-Claiming AC First Class fare but travelling in lower class. It was an act of casualness and not an act with intention to cheat-High Court ABCAUS Case Law Citation: ABCAUS 1113 (2017) (01) HC Brief Facts of the Case: The Comptroller and Auditor General of India …
Education per se charitable us 2(15). Registration u/s 12A can not be denied for not free of cost education to needy students-ITAT ABCAUS Case Law Citation: ABCAUS 1112 (2017) (01) ITAT Important Case Laws Cited/relied upon: American Hotel & Lodging Educational Institute vs. CBDT 301 ITR 86 …
Filing adjournment application at closing office hours. CIT(A) was justified in passing ex-parte order upholding penalty u/s 272A(1)(c) – ITAT ABCAUS Case Law Citation: ABCAUS 1111 (2017) (01) ITAT Assessment Year : 2012-13 Date of Pronouncement: 19-01-2017 Important Case Laws Cited/relied upon: Smt. Rekha Rani Vs. DCIT …
Form 10B income accumulation amount inadvertent mistake. Income Tax authorities were misconceived in denying the claim for the difference-ITAT ABCAUS Case Law Citation: ABCAUS 1110 (2017) (01) ITAT Assessment Year : 2003-04 Date of Pronouncement: 20-01-2017 Brief Facts of the Case: The assessee was a charitable trust …