Category: Judgments

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 …

Capital gain deduction-House Sale-purchase from family members. Everybody entitled to arrange his affairs within law even if it results into tax reduction-ITAT

Capital gain deduction-House Sale-purchase from family members. Everybody entitled to arrange his affairs within law even if it results into reduction of tax liability-ITAT ABCAUS Case Law Citation: ABCAUS 1090 (2016) (12) ITAT Important Case Laws relied upon: UOI vs. Azadi Bachao Andolan (2003) 263 ITR 706 (SC). …

Deductions not claimed for CA mistake allowable during assessment proceedings if found correct and there is no need to file revised return-ITAT

Deductions not claimed for CA mistake allowable during assessment proceedings if found correct and there is no need to file revised return-ITAT ABCAUS Case Law Citation: ABCAUS 1089 (2016) (12) ITAT The Grievance: The present appeal was directed against the order of Assessing Officer (AO) and CIT(A) inter …

Disallowance us 14A for practicing Senior Advocate of Supreme Court deleted as AO was not dissatisfied with correctness of claim made by assessee-ITAT

Disallowance us 14A for practicing Senior Advocate of Supreme Court deleted as AO  was not dissatisfied with correctness of the claim made by assessee-ITAT ABCAUS Case Law Citation: ABCAUS 1087 (2016) (12) ITAT Important Case Laws cited: CIT vs. Taikisha Engineering Ltd. Brief Facts of the Case: The …

Refusal of registration us 12A to society of close family members or on the ground that it will charge fee from students do not justify refusal – ITAT

Refusal of registration us 12A to society of close family members or on the ground that it will charge fee from the students do not justify refusal – ITAT ABCAUS Case Law Citation: ABCAUS 1085 (2016) (12) ITAT Important Case Laws cited: Queen’s Educational Society vs. CIT (2015) …