Category: Judgments

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. Reopening based on difference in TDS certificates and receipts shown in P&L account bad-ITAT

January 9, 2017 Income Tax, ITAT, Judgments
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

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

January 5, 2017 Income Tax, Judgments, Supreme Court
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) despite the HUF itself was not the registered shareholder of the company-Supreme Court

January 4, 2017 Income Tax, Judgments, 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-orders for violation of natural justice, non-application of mind, non-recording of reasons-SC

January 3, 2017 Judgments, Supreme Court
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 under Chapter IV, not at computation of total income under Chapter VI-SC

January 2, 2017 Income Tax, Judgments, Supreme Court
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

December 31, 2016 Income Tax, ITAT, Judgments
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 restored. The Appeal was dismissed by CIT-A for illegible papers filed without covering letter

December 31, 2016 Income Tax, ITAT, Judgments
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 tax reduction-ITAT

December 30, 2016 Income Tax, ITAT, Judgments
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

December 29, 2016 Income Tax, ITAT, Judgments
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 …