Category: Judgments

Income Tax Department vindictively disallowed agricultural income claim of Jayalalithaa. Sasikala also gets similar relief from ITAT

Income Tax Department vindictively disallowed agricultural income claim of Jayalalithaa.  Sasikala also gets relief from ITAT ABCAUS Case Law Citation: 1033 (2016) (10) ITAT Brief Facts of the Case(s): In both the cases, among other thing, the claim of agricultural income was disallowed by the Assessing Officer (AO) …

No income concealment us 271(1(c) on gift under explanation 5A. NSC declared us 153A was received as inheriting, gift from father, grandfather-ITAT

No income concealment us 271(1(c) on gift under explanation 5A. NSC declared us 153A was received as inheriting, gift from father, grandfather-ITAT ABCAUS Case Law Citation: 1032 (2016) (10) ITAT  Important case law cited: Sheraton Apparels Vs. ACIT (2002) 256 ITR 20 Brief Facts of the Case: The …

Expenses on issue of shares eligible deduction us 35D. Deduction for payment of bonus to employees eligible us 36 not 43B or 40A(9)-SC

Expenses on issue of shares eligible deduction us 35D. Deduction for payment of bonus to employees eligible u/s 36 and section 43B or 40A(9) does not come into play-Supreme Court ABCAUS Case Law Citation: 1029 (2016) (10) SC Assessment Year: 2001-02 Questions of Law framed: Whether expenditure incurred on …

Diary also books of accounts us 44AA2. Section does not prescribe but only talks of accounts-documents which may enable AO to adduce true income-ITAT

Diary also books of accounts us 44AA. Section does not prescribe books for business but only talks of accounts-documents which may enable AO to adduce true income, penalty u/s 271A deleted by ITAT ABCAUS Case Law Citation: 1028 (2016) (10) ITAT Assessment Year: 2009-10 and 2010-11 Brief Facts …

CA issuing fake certificate-invoice to bank guilty of misconduct. Bank on the strength of certificate-proforma invoice released loan fund-Delhi HC

CA issuing fake certificate-invoice to bank guilty of misconduct. Bank on the strength of false certificate and fake proforma invoice had released loan fund-Delhi HC  ABCAUS Case Law Citation: 1027 (2016) (10) HC Brief Facts of the Case: The present disciplinary proceedings for professional misconduct were initiated by the …

Disciplinary proceedings against managing committee of ICAI Chandigarh Branch stayed by Punjab and Haryana High Court

Disciplinary proceedings against managing committee of ICAI Chandigarh Branch stayed by P&H High Court in a case of democratic selection of branch chairman. This indeed puts a question mark on the endeavour of ICAI in upholding the democratic principles enshrined in the Chartered Accountants Act, 1949 and rules governing it. …