Category: Judgments

Non striking off clause in penalty notice u/s 271(1)(c) do not invalidate it. ITAT deviates from the Judgment of Karnataka High Court follows jurisdictional High Court

Non striking off clause in penalty notice u/s 271(1)(c) do not invalidate it. ITAT deviates from the Judgment of Karnataka High Court follows jurisdictional High Court In a recent judgment, ITAT Mumbai has upheld the penalty u/s 271(1)(c) dismissing the contention of the assessee regarding not striking off …

Absence of dissolution clause-Registration 12AA can not be denied to a charitable Trust for no specific clause in the Trust deed

Absence of dissolution clause-Registration 12AA can not be denied to a charitable Trust for no specific clause in the Trust deed prohibiting trustee on asset distribution among themselves ABCAUS Case Law Citation: ABCAUS 1133 (2017) (02) ITAT Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: Rama …

Tenant eviction-Landlord to establish only reasonable requirement which should be a genuine need and not simple desire – Supreme Court

Tenant eviction-Landlord to establish only reasonable requirement which should be a genuine need and not simple desire – Supreme Court The eviction of the tenant from the rented house/shop (property) has always given rise to controversies. One of the common clause in almost all the Rent Control Acts …

CA guilty of misconduct-director of companies without permission, operating bank accounts actively involved in daily operation.

CA guilty of misconduct-director of companies without permission, operating bank accounts actively involved in the day to day operations. ABCAUS Case Law Citation: ABCAUS 1130 (2017) (02) HC Brief Facts of the Case: The instant Reference under Section 21(5) of the Chartered Accountants Act, 1949 was made by …

Reopening us 147 on the basis of cash deposits in bank invalid as there was no basis to form reason that cash deposits represented assessee’s income – ITAT

Reopening us 147 on the basis of cash deposits in bank invalid as there was no basis to form reason that cash deposits represented income of the assessee – ITAT ABCAUS Case Law Citation: ABCAUS 1128 (2017) (02) ITAT Assessment Year : 2008-09 Date/Month of Pronouncement: February, 2017 …

Yoga also gives medical relief as per definition of charitable purpose us 2(15). Propagation of yoga is also imparting of education – ITAT

Yoga also gives medical relief as per definition of charitable purpose us 2(15). Propagation of yoga was charitable purpose and also imparting of education – ITAT ABCAUS Case Law Citation: ABCAUS 1127 (2017) (02) ITAT Assessment Year : 2009-10 Date/Month of Pronouncement: February, 2017 Important Case Laws Cited/relied upon: …

Probative worth of Income Tax Proceedings qua lawfulness of the sources of income. SC judgment

Probative worth of Income Tax Proceedings qua lawfulness of the  sources of income. SC rejects IT orders/assessment as proof against charge of corruptions ABCAUS Case Law Citation:ABCAUS 1126 (2017) (02) SC Date/Month of Pronouncement: 14th February, 2017 Important Case Laws Cited/relied upon:Commissioner of Income Tax, U.P. Vs. Devi Prasad …