Category: Judgments
Income Tax Appeal tax effect limit do not include cess. Applicability of CBDT instruction for tax effect to be worked out without cess – ITAT ABCAUS Casse Law Citation:1011 2016 (09) ITATAssessment Year: 2010-11Date/Month of Judgment/Order: September, 2016 Brief Facts of the Case: This appeal in question was filed by …
The marginal fall in GP ratio compared to preceding year and non-incurring of expenditure like travelling, telephone, salary, etc. are not the relevant reasons for rejecting of books of accounts under section 145 of the Income Tax Act – ITAT ABCAUS Case Law Citation: 1010 2016 (09) ITAT …
Work assigned to sub-contractors or payments made to them not part of total turnover us 6B of the Karnataka Sales Tax Act 1957 – Supreme Court ABCAUS Case Law Citation: 1009 2016 (09) SC Important Judgments Cited: State of Andhra Pradesh & Ors. v. Larsen & Toubro Limited …
There is no hard and fast rule of earning same net profit rate over different years. Additions made without any plausible reason or rejecting books of accounts bad – ITAT In a recent judgment, ITAT has held that there is no hard and fast rule of earning same …
Interest waiver-reduction u/s 220(2A) denial for threat by the assessee not justified. The satisfaction must be arrived at with reference to the prescribed three conditions -Kerala High Court. ABCAUS Case Law Citation: 1007 2016 (09) HC Brief Facts of the Case: The Petitioner assessee was aggrieved by the rejection by …
Arrest for non payment of service tax without show cause notice quashed. Powers exercised u/s 91 without SCN u/s 73A of the Finance Act 1994 was contrary to the law and in violation of constitutional and fundamental rights under Article 21 of the Constitution-Delhi High Court ABCAUS Case Law: 1006 …
Agreement in restraint of trade void u/s 27 Indian Contract Act 1872. A non-compete clause in the guise of confidentiality clause can not be enforced-Delhi High Court ABCAUS Case Law Citation: 1005 2016 (08) HC Brief Facts of the Case: The Plaintiff was a private company engaged in …
Excise duty refund for trade-turnover discounts not allowable unless duty passed on to the ultimate consumer  else it would result in unjust enrichment – Supreme Court ABCAUS Case Law Citation: 1004 2016 (08) SC Important Judgments cited: Mafatlal Industries Ltd. and Others Vs. Union of India And Ors., (1997) …
Form 26AS amounts not income if not credited in books of accounts of the assesssee. It is a well settled law that the bank account is not books of account of the assessee. Â Mere issue of TDS certificate does not establish any income-ITAT. ABCAUS Case Law Citation: 1003 …
Higher GP rate adoption for mere fall in rate from preceding year. It cannot be a sole reason for choosing higher rate as per Assessing Officers convenience – ITAT ABCAUS Case Law Citation: 1002 2016 (08) ITAT Assessment Year: 2010-11 Date/Month of Judgment: July 2016 Brief Facts of the …
