Category: Judgments

No disallowance u/s 40(a)(ia) can be made for short deduction of TDS or deduction under wrong head. ITAT follows jurisdictional High Court decision. The point for consideration was as to whether the provisions of section 40(a)(ia) of the Act could be invoked for short deduction of tax at source. …

No disallowance u/s 40(a)(ia) even if payee files return belatedly u/s 139(4) if payment is considered in tax computation and CA certificate is furnished as per proviso to section  201(1)-ITAT ABCAUS Case Law Citation: ABCAUS 2333 (2018) (05) ITAT The appellant assessee had claimed an expenditure under the …

Mobile Phones in Supreme  court rooms allowed on silent mode to accredited journalists  As per notification issued by the Assistant Registrar, the Chief Justice of India has passed an order allowing accredited journalists to carry their mobile phones on silent mode inside courtrooms of the Supreme Courts. The notification reads as under: It …

Taxability of FTS to foreign airliner for providing engineers and flight deck crews remanded to ITAT for reconsideration as per amended DTAA ABCAUS Case Law Citation: ABCAUS 2332 (2018) (05) HC Important Case Laws Cited/relied upon by the parties: Tehniskil (Sendirian) Rerhard vs. C.I.T.(1996) 222 ITR 551 AAR …

Addition made for Jewellery belonging to mother-in-law deleted. Jewellery found during search was claimed as given to the assessee before her death-ITAT The instant appeal was filed by the appellant assessee against the order of the CIT(A) enhancing the assessment by making an addition for unexplained investment in jewellery u/s …

Addition for cash deposited in joint bank account upheld. A professional like Advocate CA or Accountant would not open a joint bank account with his client The instant appeal was filed by the appellant assessee against the order of the CIT(A) upholding the action of the Assessing Officer …

Initiation of reopening u/s 148 by recording wrong facts not categorically rebutted by the Department held to be arbitrary and bad in law – ITAT The instant appeal was filed by the appellant assessee against the order of the CIT(A) upholding the reassessment proceedings and re-assessment order passed …

Assessee should get full opportunity at every stage of adjudication. Tax laws are not penal and neither so rigid to curb lawful rights of taxpayers-ITAT The instant appeal was filed by the appellant assessee This against the order of the CIT(A) upholding the action of the Assessing Officer …

Section 50C was not applicable on sale of property to tenant who occupied it on a meager rent for fifty years which itself amounted to encumbrance on the property-ITAT The Appellant assessee had filed the instant appeal challenging that the Assessing Officer (AO) had wrongly and illegally calculated …

IBBI bans an Insolvency Professional for one year for quoting exorbitant fee and collusion with corporate debtor. The IP was believed to be the wife of the CA of  the corporate debtor. ABCAUS Case Law Citation: ABCAUS 2326 (2018) (05) IBBI An operational creditor had filed an application …