Category: Judgments
False return filed by loan consultant send to handwriting expert for verification of the signature of the assessee found on ITR-V acknowledgement as submitted to CPC Bangalore ABCAUS Case Law Citation: ABCAUS 1176 (2017) (03) ITAT Assessment Year : 2010-11 Date/Month of Pronouncement: March, 2017 Brief Facts of …
Guidelines for condonation of delay in appeal filing by Supreme Court and Calcutta High Court. In a recent judgment ITAT Kolkata has condoned delay of 471 days following following these guidelines. ABCAUS Case Law Citation: ABCAUS 1175 (2017) (03) ITAT Assessment Year : 2010-11 Date/Month of Pronouncement: March, …
Original Assessment order merged with CIT order passed u/s 264. AO could not have rectified its original order passed u/s 147 – ITAT ABCAUS Case Law Citation: ABCAUS 1174 (2017) (03) ITAT Assessment Year : 1999-2000 Date/Month of Pronouncement: March, 2017 Important Case Laws Cited/relied upon: ITO Vs. …
Section 68 applicability to share premium or share application money upheld. Section is widely worded to include capital account receipts-Calcutta High Court ABCAUS Case Law Citation: ABCAUS 1173 (2017) (03) HC Substantial Question of Law: Whether in the facts and circumstances of the case and in law, …
Disallowance us 14A(2)-AO need not resort to Rule 8D always. AO is entitled to make disallowance u/s 14A(2), Rules cannot prevail over the Act – ITAT ABCAUS Case Law Citation: ABCAUS 1172 (2017) (03) ITAT The Grievance: The assessee had challemged the order of the CIT invoking revisionary …
Concealment penalty deleted when income was received by cheque after deducting TDS. ITAT accepts that non disclosure was inadvertent not willful. ABCAUS Case Law Citation: ABCAUS 1171 (2017) (03) ITAT The Grievance: The appellant assessee had challenged the order of CIT(A) confirming the order of Assessing Officer …
Disallowance us 40(a)(ia) deleted on non CA certificate basis. In the interest of justice and fair play ITAT set aside matter to AO for examination ABCAUS Case Law Citation: ABCAUS 1170 (2017) (03) ITAT The Grievance: The assessee was aggrieved by the order of CIT(A) upholding disallowance …
Appeal delay condonation-when assessee not stand to gain by delaying filing appeals, reasons stated under oath in affidavit cannot be disbelieved – ITAT ABCAUS Case Law Citation: ABCAUS 1169 (2017) (03) ITAT Assessment Year : 2011-12 to 2013-14 Date/Month of Pronouncement: March 2017 Brief Facts of the Case: There …
Not allowing cross examination legally or factually incorrect. It was strange that FFA held that non providing such opportunity would not vitiate proceedings-ITAT ABCAUS Case Law Citation: ABCAUS 1168 (2017) (03) ITAT Assessment Year : 2005-06 Date/Month of Pronouncement: March, 2017 Brief Facts of the Case: A …
Exemption us 11 can not be denied if not filled in Schedule-F when the verification clause of ITR-7 was duly filled – Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1167 (2017) (03) HC Question for determination: Whether the finding of the Tribunal that Schedule-F to the …