Category: Judgments
No disallowance u/s 40A(3) where payments not claimed as expenditure. ITAT deletes addition as alleged cash payment was made for purchasing fixed assets ABCAUS Case Law Citation: ABCAUS 2685 (2018) (12) ITAT Important Case Laws Cited/relied upon: ACIT V/s Jasmine Buildtech (P) Ltd The appeal was filed by …
Amount received on sale of prepaid cards to the extent of unutilized talk time did not accrue as income in the year of sale-High Court ABCAUS Case Law Citation: ABCAUS 2684 (2018) (12) HC Important Case Laws Cited/relied upon: Commissioner of Income-Tax Vs. Dinesh Kumar Goel 331 ITR …
High Court quashes MCA list of disqualified directors of “struck off companies” u/s 248. Section 164(2) would have prospective and not retrospective effect ABCAUS Case Law Citation:ABCAUS 2683 (2018) (12) HC The Petitioners have challenged the action of the Ministry of Corporate Affairs (MCA) in publishing the list …
High Court stayed confiscation of goods made simply on confidential information received from higher authorities to stop the vehicle, without satisfying conditions of section 130 of the CGST Act ABCAUS Case Law Citation:ABCAUS 2682 (2018) (12) HC The petitioner had preferred the instant petition before the Hon’ble High …
Merely cash withdrawals at one point of time cannot be a sole basis for explaining the cash deposit in future. ITAT upheld additions u/s 69. ABCAUS Case Law Citation:ABCAUS 2681 (2018) (12) ITAT Important Case Laws Cited/relied upon: The instant appeal had been filed by the assessee against …
AO should examined return of income and carry out initial investigation before coming to the conclusion that income has escaped assessment – ITAT ABCAUS Case Law Citation:ABCAUS 2680 (2018) (12) ITAT Important Case Laws Cited/relied upon:M/s. Allied Gems CorporationPCIT v/s M/s Shodiman Investments P Ltd.Narain Dutt Sharma v. …
Not providing certified copy of penalty order was reasonable basis for seeking condonation of delay in filing the appeal before the CIT(A) ABCAUS Case Law Citation:ABCAUS 2679 (2018) (12) ITAT This appeal was filed by the assessee against the order of CIT(A) wherein the appeal of the assessee …
Penalty U/s 271(1)(c)-Unspecified charge in notice can be made good with a clear-cut finding in penalty order – ITAT explains Law on non-striking off clauses in Notice u/s 274 ABCAUS Case Law Citation:ABCAUS 2678 (2018) (12) ITAT Important Case Laws Cited/relied upon:CIT vs. SSA’S Emerald Meadows (2016) 242 …
Prosecution 276C(2) – Evasion of tax vs evasion of payment of tax. High Court quashed prosecution when ITAT reduced income and there was no indifference on the part of assessee to pay demanded tax ABCAUS Case Law Citation:ABCAUS 2677 (2018) (12) HC Important Case Laws Cited/relied upon:Commissioner of …
Re-assessment order passed in violation of guidelines laid down by the Supreme court in the case of GKN Driveshaft Ltd. is bad in law- ITAT ABCAUS Case Law Citation:ABCAUS 2676 (2018) (12) ITAT Important Case Laws Cited/relied upon:GKN Driveshaft (India) Ltd. Vs ITO, 259 ITR 19 PCIT vs …