Category: Judgments
Sale-purchase in only few share scrips not high volume. STCG was not business income as a person can act both as trader and investor-ITAT ABCAUS Case Law Citation: 1053 (2016) (11) ITAT Assessment Year 2010-11 Brief Facts of the Case: The appellant assessee was an individual. Her …
No Concealment if return revised due to search of other person when assessee voluntarily filed revised ITR and no proceedings were initiated u/s 153 against him-ITAT ABCAUS Case Law Citation: 1052 (2016) (11) ITAT Important Case considered: Ravi Sud vs. ACIT (2015) 39 ITR (T) 356 CIT vs. …
Depreciation and exemption both not allowable to charitable trust. Statutory provision u/s 32 to prevail over customary practice-commercial principle-ITAT The allowability of the depreciation claim to a charitable trust/institution in calculating prescribed limit of 85% towards income application u/s 11 of the Income tax Act, 1961 was settled …
Satisfaction recording 153C-same AO for searched-other person. Even if AO is one then also satisfaction has to be recorded as held by Supreme Court ABCAUS Case Law Citation: 1050 (2016) (11) ITAT The Grievance: In the instant case both Revenue and the assessee were aggrieved by the …
DRT has jurisdiction to entertain appeal us 17 of SRFAESI Act even if the amount involved is less than Rs. 10 lakh. ABCAUS Case Law Citation: 1049 (2016) (11) SC Important Case Laws Cited: Mardia Chemicals Ltd. and others v. Union of India and others 2004(4) SCC 311 …
Public offer made under SEBI takeover regulations cannot be withdrawn. Mere Delay by SEBI, alienation of assets by Board no ground for withdrawal-Supreme Court ABCAUS Case Law Citation: 1048 (2016) (11) SC The Grievance: This appeal was preferred under Section 15 Z of the Securities and Exchange Board …
No disallowance us 40(a)(ia) as labour charges paid were salary when PF-ES deducted regularly. Salary us 17(1) includes wages and TDS 194C not required-ITAT ABCAUS Case Law Citation: 1047 (2016) (10) ITAT The Grievance: The Assessing Officer (AO) was aggrieved by the order of the CIT(A) in deleting …
Public Limited Company Corporate Veil lifting us 179 of Income Tax Act is possible with prima-facie sufficient material and confronting assessee with show cause-Gujarat High Court. ABCAUS Case Law Citation: 1046 (2016) (10) HC Important Case Law Cited: Pravinbhai M. Kheni v. Assistant Commissioner of Income-tax Brief Facts …
Grant-delay of Income Tax Refund-Conduct of AO was disturbing in not grating-delaying refund based on CBDT Instruction No. 1 of 2015 which was set aside-Bombay High Court ABCAUS Case Law Citation: 1045 (2016) (10) HC Assessment Year 201516 The Challenge: The petition under Article 226 of the Constitution of India …
Concurrent running of sentence us 138 Negotiable Instrument Act 1988 in two cheque dishonour complaint cases. Court empowered with discretion u/s 427 of CPC -Supreme Court ABCAUS Case Law Citation: 1044 (2016) (10) SC Important Case Law Cited: V.K. Bansal vs. State of Haryana and Another (2013) 7 …
