Category: Judgments
Ungarbled and garbled pepper not two different commercial products. The process of garbling to make pepper edible does not give rise to a different distinct commodity so as to be entitled for deduction u/s 10B ABCAUS Case Law Citation: ABCAUS 2190 (2018) (02) HC The Issue: The issue …
Empanelment of Amicus Curiae at Supreme Court The amicus curiae figure originated in Roman law. An amicus curiae (meaning “friend of the court“) is someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that bears on the case. The decision on whether to …
Cenvat Credit on goods transport agency service availed for transport of goods from place of removal to buyer’s premises not admissible-Supreme Court ABCAUS Case Law Citation: ABCAUS 2189 (2018) (02) SC The Issue: The main issue involved in the present case was with regard to the admissibility of …
Income Tax Rule 8D is prospective in operation and could not apply to any assessment year prior to AY 2008-09 – Supreme Court settles the law ABCAUS Case Law Citation: ABCAUS 2188 (2018) (01) SC Important Case Laws Cited/relied upon by the parties: Commissioner of Wealth Tax, Meerut Vs. Sharvan Kumar Swarup & Sons, …
Powers u/s 154 available for rectifying interest u/s 220 or 244 for miscalculation of interest which is, at best arithmetical error needing no elaborate or long drawn adjudication-High Court ABCAUS Case Law Citation: ABCAUS 2187 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Hindustan Lever …
Creditors not barred by limitation if liability acknowledged in accounts, creditors can rely on the said acknowledgment-High Court ABCAUS Case Law Citation: ABCAUS 2185 (2018) (01) HC Brief Facts of the Case: The assessee, during the course of the assessment proceedings had furnished details of the creditors. …
The High Court explains the law on levy of interest u/s 234B(3) when reassessment is done determing escaped income after issue of refund. Prelude: Section 234B(3) of the Income Tax Act, 1961 (the Act) provides for levy of interest where a reassessment or re-computation under Section 147 or …
Exempted income can not be taxed even if no revised return filed. AO in proceedings u/s 143 can not refuse to grant relief on such technical plea – High Court ABCAUS Case Law Citation: ABCAUS 2183 (2018) (01) HC Important Case Laws Cited/relied upon by the parties: Goetze …
Business expediency not a question of law, much less a substantial question of law-High Court. If expected fruits are not reaped from a business proposition, it is no basis to challenge the business expediency. ABCAUS Case Law Citation: ABCAUS 2182 (2018) (01) HC The Challenge/Grievance: The instant appeal …
While considering the question of perversity of a finding of fact, the test applicable are strict-High Court ABCAUS Case Law Citation: ABCAUS 2181 (2018) (01) HC The appellant Revenue had filed the instant appeal challenging that findings recorded by the Income Tax Appellate Tribunal (ITAT) were perverse and …