Category: Judgments

Registration u/s 12AA-Document evidencing creation of Trust could be of any type.  Trust can be created even orally and if Trust is able to give some evidence of its creation by a word of mouth, the same is eligible for registration. ABCAUS Case Law Citation: ABCAUS 2106 (2017) (10) …

Mere outsourcing business to Indian subsidiary do not constitute Permanent Establishment within the meaning of Double Taxation Avoidance Agreement – Supreme Court ABCAUS Case Law Citation: ABCAUS 2105 (2017) (10) SC The Hon’ble Supreme Court of India in a recent judgment has laid down that outsourcing of services by …

Compensation awarded to plumber died falling from CA Society Building. There was no evidence that deceased committed suicide -High Court ABCAUS Case Law Citation: ABCAUS 2105 (2017) (10) HC A plumber working with the CA Society apartment fell down from the building resulting in fatal injuries and eventually …

Commissioner Appeals have no power to remand case back to AO for fresh assessment nor can he direct AO to decide in accordance with his directions-High Court ABCAUS Case Law Citation: ABCAUS 2104 (2017) (10) HC Important Case Laws Cited/relied upon by the parties: Dhirendra Nath Gorai v. …

Transaction entered in pursuance of MOU can not be said sham or colourable device to avoid tax when payments and MOU not disputed, Joint Venture payments not attract TDS Provisions-High Court   ABCAUS Case Law Citation: ABCAUS 2103 (2017) (10) HC In the instant case, the assessee company …

Once depreciation is claimed, asset cannot move out of the Block of Assets even if no depreciation was claimed for many years thereafter – High Court affirms ITAT order   ABCAUS Case Law Citation: ABCAUS 2102 (2017) (10) HC Brief Facts of the Case: The appellant assessee had sold a fixed assets earning profits thereon which was treated by it as …

Question affecting tax liability of assessee can be raised before the Tribunal first time and it is obliged to consider them and pass appropriate orders – High Court ABCAUS Case Law Citation: ABCAUS 2101 (2017) (10) HC In the instant case, the Income Tax Department (Revenue/Department ) had …

Tribunal not justified in remanding the case when documents are available with it. It was the duty of the tribunal to consider the same – High Court   ABCAUS Case Law Citation: ABCAUS 2100 (2017) (10) HC The High Court pronounced the common judgment while disposing off bunch …

Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders. The fiction not to be extended further for broadening the concept of shareholders – Supreme Court agrees with High Court ABCAUS Case Law Citation: ABCAUS 2099 (2017) (10) SC  Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders In …

Reopening for not replying enquiry letter issued on AIR basis to verify source of investment in the property held invalid for non application of mind by the Assessing Office.   ABCAUS Case Law Citation: ABCAUS 2098 (2017) (10) ITAT The Challenge/Grievance: This appellant assessee had challenged the order …