Category: Judgments
Search warrant in the name of assessee and family members. The word ‘family members’ can not be stretched to include wife, spouse, daughter or children, a person should be specifically named in the search warrant – Rajasthan High Court. ABCAUS Case Law Citation: 1016 (2016) (09) HC Brief Facts …
CA floated 90 companies for fake accommodation entries. However Reopening u/s 147 held bad as merely based on Investigation Wing Report which is without application of mind. ABCAUS Case Law Citation: 1015 (2016) (09) ITAT Brief Facts of the Case: A search operation u/s 132 of the Income-tax …
Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT ABCAUS Case Law Citation: 1014 (2016) (09) ITAT Brief Facts of the Case: In the instant case, the assessee was aggrieved by the order …
No TDS liability us 194C for back to back contract in JV. Joint venture and its constituent members had no contractor or sub-contractor relationship -ITAT ABCAUS Case Law Citation: 1013 (2016) (09) ITAT Brief Facts of the Case: The assessee was an AOP which was forme as a joint …
Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court ABCAUS Case Law Citation: 1012 (2016) (09) HC Important Judgments Cited: Parekh Brothers v. Commissioner of Income Tax Goetze (India} Ltd. v. Commissioner of Income Tax …
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 …
