Category: Judgments

Search warrant in the name of assessee and family members. The word family can not be stretched to include spouse, daughter or children – Rajasthan HC

Search warrant in the name of assessee and family members. The word ‘family members’ can not be stretched to include wife, spouse, daughter or children, a person should be specifically named in the search warrant – Rajasthan High Court. ABCAUS Case Law Citation: 1016 (2016) (09) HC Brief Facts …

Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT

Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT ABCAUS Case Law Citation: 1014 (2016) (09) ITAT Brief Facts of the Case: In the instant case, the assessee was aggrieved by the order …

Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court

Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court ABCAUS Case Law Citation: 1012 (2016) (09) HC Important Judgments Cited: Parekh Brothers v. Commissioner of Income Tax Goetze (India} Ltd. v. Commissioner of Income Tax …

Fall in GP ratio or non-incurring basic business expenditure like travelling, telephone salary etc. not reasons for rejecting books of accounts us 145

The marginal fall in GP ratio compared to preceding year and non-incurring of expenditure like travelling, telephone, salary, etc. are not the relevant reasons for rejecting of books of accounts under section 145 of the Income Tax Act – ITAT ABCAUS Case Law Citation: 1010 2016 (09) ITAT …

There is no hard and fast rule of earning same net profit rate over different years. Additions without plausible reasons or rejecting books of accounts bad

There is no hard and fast rule of earning same net profit rate over different years. Additions made without any plausible reason or rejecting books of accounts bad – ITAT ABCAUS Case Law Citation: 1008 2016 (09) ITAT Assessment Year: 2010-11 Brief Facts of the Case: The appellant …

Interest waiver-reduction u/s 220(2A) denial for threat by assessee not justified. Satisfaction must be arrived at as per prescribed 3 conditions-High Court

Interest waiver-reduction u/s 220(2A) denial for threat by the assessee not justified. The satisfaction must be arrived at with reference to the prescribed three conditions -Kerala High Court. ABCAUS Case Law Citation: 1007 2016 (09) HC Brief Facts of the Case: The Petitioner assessee was aggrieved by the rejection by …