Category: Judgments

Fact finding committee report under RTI Act can not be denied if report was submitted and action taken. Section 8(1)(h) not applicable-Delhi HC

Fact finding committee report under RTI Act can not be denied if report was submitted and action was taken. Section 8(1)(h) was not applicable-Delhi HC ABCAUS Case Law Citation: ABCAUS 1099 (2017) (01) HC Brief Facts of the Case: The petitioner had challenged order of the Central Information …

Reassessment-TDS certificate-PL Account Receipt Difference. Reopening based on difference in TDS certificates and receipts shown in P&L account bad-ITAT

Reassessment-TDS certificate-PL Account Receipt Difference. It is a settled law that an assessment could not be reopened only on the basis of difference in TDS certificate and receipts shown in the P&L account.-ITAT ABCAUS Case Law Citation: ABCAUS 1097 (2017) (01) ITAT Assessment Year : 2009-10 Important Case …

SC to decide ITAT jurisdiction to examine validity of search and demand satisfaction note, other evidences on the basis of which search conducted

ITAT jurisdiction to examine validity of search SC to decide ITAT jurisdiction to examine validity of search and demand satisfaction note, other evidences on the basis of which search was conducted. In an ongoing litigation in I.A. 2/2016 in Civil Appeal No(s).2734/2013 filed by the Revenue, the latest …

Payments to HUF held deemed dividend u/s 2(22)(e) despite the HUF itself was not the registered shareholder of the company-Supreme Court

Payments to HUF held deemed dividend u/s 2(22)(e) because the prescribed conditions were fulfilled notwithstanding the fact that the HUF itself was not the registered shareholder of the company-Supreme Court ABCAUS Case Law Citation: ABCAUS 1095 (2017) (01) SC Assessment Year : 2006-07 Important Case Laws Cited: Binal Sevantilal …

Writ court justified interfering with disciplinary enquiry-orders for violation of natural justice, non-application of mind, non-recording of reasons-SC

Writ court justified interfering with disciplinary enquiry and orders if it suffers from violation of  principles of natural justice or exhibit non-application of mind or non-recording of reasons by the Enquiry Officer or the Disciplinary Authority-Supreme Court ABCAUS Case Law Citation: ABCAUS 1094 (2017) (01) SC Important Case …

Stage of deduction us 10A is at gross total income computation under Chapter IV, not at computation of total income under Chapter VI-SC

Stage of deduction us 10A is at gross total income computation of eligible undertaking under Chapter IV, not at computation of total income under Chapter VI-Supreme Court ABCAUS Case Law Citation: ABCAUS 1093 (2017) (01) SC Important Case Laws cited: Tata Power Co. Ltd. vs. Reliance Energy Ltd …

Reassessment notice issued with sanction from JCIT was void as under proviso to sub-section (1) of section 151 sanction was required from CCIT/CIT

Reassessment notice issued with sanction from JCIT was void as under proviso to sub-section (1) of section 151 sanction was required from CCIT/CIT ABCAUS Case Law Citation: ABCAUS 1092 (2016) (12) ITAT Assessment Year : 2006-07 Important Case Laws relied upon: CIT VS. SPL’s Siddhartha Ltd. (2012) 345 …

Appeal dismissed for illegible loose papers restored. The Appeal was dismissed by CIT-A for illegible papers filed without covering letter

Appeal dismissed for illegible loose papers filed without covering letter restored by ITAT ABCAUS Case Law Citation: ABCAUS 1091 (2016) (12) ITAT Brief Facts of the Case: The original assessment was completed making additions on account of unproved share capital. First appeal of the assessee was allowed. In …