Category: Judgments

On making valid declaration under Direct Tax Resolution Scheme 2016, appeal in respect of the disputed income pending before CIT(A) shall be deemed to have been withdrawn.   ABCAUS Case Law Citation: ABCAUS 2061 (2017) (09) ITAT The Issue: The issue raised was against the dismissal of the …

Practicing CA can not enroll as Advocate with Bar Council to practice Law. Riding on two horses in two profession, cannot be accepted – Gujarat High Court   ABCAUS Case Law Citation: ABCAUS 2060 (2017) (09) HC Brief Facts of the Case: The present petition was filed by …

Deduction u/s 80IC denied for delay in filing return allowed by High Court. CBDT Order u/s 119(2)(b) denying to condone the delay of 46 days set aside.   ABCAUS Case Law Citation: ABCAUS 2059 (2017) (09) HC The Grievance: The Petitioner firm had filed the instant petition under …

CA made co-accused for preparing false projected financials for bank loan, High Court declines to interfere in criminal prosecution though CA was absolved by Disciplinary committee of ICAI   ABCAUS Case Law Citation: ABCAUS 2058 (2017) (09) HC The Issue: Whether the exoneration of the Chartered Accountant (CA) …

Local puja and festival committees donations allowed as business expenditure as those contributions were paid to avoid confrontation and to smooth running of the business.   ABCAUS Case Law Citation: ABCAUS 2057 (2017) (09) ITAT Assessment Year :  2011-12 Brief Facts of the Case: The assessee had claimed …

Registration 12AA cannot be denied on the ground of dissolution clause not providing transfer of income and assets to another similar institution registered u/s 12AA ABCAUS Case Law Citation: ABCAUS 2056 (2017) (08) ITAT Brief Facts of the Case: The Assessee was an university which had come into …

Disallowance u/s 14A read with Rule 8D beyond scope of rectification u/s 154 as the issue relating to applicability of section 14A is debatable – ITAT ABCAUS Case Law Citation: ABCAUS 2055 (2017) (08) ITAT The Grievance: The appeal filed by the assessee was directed against the order …

Non-furnishing reasons for reopening vitiated the assessment proceedings in law. If assessee did not repeat request cannot mean that he waived its right to be provided the reasons – High Court   ABCAUS Case Law Citation: ABCAUS 2054 (2017) (08) HC The Grievance: Six appeals had been filed …

Reopening approval by an officer superior to Joint Commissioner invalid. Approval by a superior officer do not satisfy the requirement of Section 151(2) of the Income Tax Act.   ABCAUS Case Law Citation: ABCAUS 2053 (2017) (08) HC The Grievance: This present writ petition was filed under Articles …

TDS provisions not applicable on internet leaseline charges u/s 194-I 194C or 194J of Income Tax Act as assessee only availed internet connection and was not using any asset, plant or machinery which involved payment of rent.   ABCAUS Case Law Citation: ABCAUS 2052 (2017) (08) ITAT Important …