Category: Judgments
TDS on payments to non-residents applicable at rates prescribed under DTAAs, not 20 per cent. Section 206AA not override provisions of Section 90(2) – ITAT ABCAUS Case Law Citation: ABCAUS 2615 (2018) (11) ITAT Important Case Laws Cited/relied upon: Azadi Bachao Andolan vs UOI (2003) 263 ITR 706 …
Commissioner Appeals cannot not enhance assessment unless the assessee had a reasonable opportunity of showing cause against such enhancement – ITAT ABCAUS Case Law Citation: ABCAUS 2614 (2018) (11) ITAT Important Case Laws Cited/relied upon: Gedore Tools Pvt. Ltd. Vs. CIT 238 ITR 268 Spandana Foundation Vs. ADIT …
Compensation received from builder under settlement for failure to give possession of flat within stipulated time held not capital receipts nor interest, hence taxable at all ABCAUS Case Law Citation: ABCAUS 2613 (2018) (11) ITAT Important Case Laws Cited/relied upon: Kettlewell Bullen & Co. Ltd. Vs CIT (10\964) …
Mistake in mentioning some digits of Truck number on E-way bill – High Court directs release of goods and vehicle on furnishing security and indemnity bond ABCAUS Case Law Citation: ABCAUS 2612 (2018) (11) HC Lately, the Hon’ble Allahabad High Court had held that Seizure of goods for …
Stamp Authorities to pay interest on the excess stamp duty amount wrongfully taken by the when the excess amount was being returned – High Court ABCAUS Case Law Citation: ABCAUS 2611 (2018) (11) HC Important Case Laws Cited/relied upon: Ansal Housing and Construction Ltd. vs. State of U.P. …
Reopening u/s 148 where properties sold illegally and assessee did not received any sale consideration-High Court declines to interfere in view of the alternative remedy available to assessee ABCAUS Case Law Citation: ABCAUS 2610 (2018) (11) HC Important Case Laws Cited/relied upon: Commissioner of Income Tax and others …
Reopening by issue of notice u/s 148 on the basis of AIR information after sending query letter to assessee was not without application of mind nor reasons recorded were reason to mere suspect – ITAT ABCAUS Case Law Citation: ABCAUS 2609 (2018) (11) ITAT The assessee had filed …
Reopening notice after 4 year when escaped income less than 1 lakh is time barred and not tenable in the eyes of law – ITAT ABCAUS Case Law Citation: ABCAUS 2608 (2018) (11) ITAT Important Case Laws Cited/relied upon: Amarnath Agrawal vs. CIT & Anr. (2015) 371 ITR …
False declaration of trucks by transporter-assessee cannot be held guilty for non deduction of TDS u/s 194C as his liability ceased with declaration ABCAUS Case Law Citation: ABCAUS 2606 (2018) (11) ITAT Important Case Laws Cited/relied upon: Steel Authority of India Limited v. Additional Commissioner of Commercial Tax …
Compensation received on termination of export contract eligible for deduction u/s 10A being in the course of export business – High Court ABCAUS Case Law Citation: ABCAUS 2605 (2018) (11) HC Important Case Laws Cited/relied upon: Commissioner of Income Tax and Anr. vs. Tata Elxsi Ltd. : (2012) …
