Category: Judgments
IBC has overriding affect on all the acts including Income Tax Act as specifically provided u/s 178(6) ABCAUS Case Law Citation:ABCAUS 3669 (2023) (02) ITAT In the instant case, both the Revenue and the assessee had challenged the order passed by the CIT(A) for two Assessment Years. The …
Income Tax Prosecution- Accused has no right to inspect judicial file till he is summoned by the Trial Court ABCAUS Case Law Citation:ABCAUS 3668 (2023) (02) AC Important Case Laws relied upon by parties:National Bank of Oman vs Barakara Abdul Aziz & Anr. (2013) 2 SCC 488Udai Shankar …
Loss on investment written off not capital gain and hence not covered by exception to monetary limits for filing appeal ABCAUS Case Law Citation:ABCAUS 3667 (2023) (02) ITAT In the instant case, the Revenue had challenged the order passed by the CIT(A) in allowing capital loss arising out …
Denial of deduction u/s 11 not filing of Audit Report in Form 10B within due date. The CIT(A) to wait till disposal of condonation application pending before CIT(Exemption) ABCAUS Case Law Citation:ABCAUS 3666 (2023) (02) ITAT In the instant case, the assessee had challenged the order passed by …
Sales & collection of sundry debtors in SBN during demonetization period held to be assessee’s own money ABCAUS Case Law Citation:ABCAUS 3665 (2023) (02) ITAT Important Case Laws covered:Apex Laboratories (P) Ltd. vs. DCIT (135 Taxmann.com 286)Pr. CIT vs. Agson Global Pvt. Ltd. (134 Taxmann.com 256)Madheswara Agencies vs. …
Penalty u/s 270A can not be imposed without first disposing application in Form No. 68 for immunity from penalty ABCAUS Case Law Citation:ABCAUS 3664 (2023) (02) ITAT In the instant case, the appellant assessee had challenged the order passed by the Commissioner of Income Tax (Appeals), National Faceless …
ITAT deleted penalty 271(1)(b) and 271F as explanation of the assessee was ignored by the Assessing Officer and CIT(A). ABCAUS Case Law Citation:ABCAUS 3663 (2023) (02) ITAT In the instant case, the appellant assessee had challenged the order passed by the Commissioner of Income Tax (Appeals), National Faceless …
Accumulation of charitable income u/s 11(1)(a) for incidental business is to be calculated on net profits not gross receipts. ABCAUS Case Law Citation:ABCAUS 3662 (2023) (02) ITAT Important Case Laws covered:Holy Spirit v/s. DCIT (Exemption)CIT vs. Thanthi Trust (2001) 247 ITR 785 (SC) Programme for Community Organization, (2001) …
Application u/s 202/203 CrPC – Accused cannot ask Trial Court to decide contentions raised by him at pre-summoning stage ABCAUS Case Law Citation:ABCAUS 3661 (2023) (02) AC Important Case Laws covered:Nupur Talwar v. CBI & Anr.State of Bihar and Another vs. P.P. Sharma and Another, 1992Manharibhai Muljibhai Kakadia …
Furnishing of return is complete for the purposes of Section 234A and Section 139 of the Act, the moment it is put in the course of transmission by way of uploading – ITAT ABCAUS Case Law Citation:ABCAUS 3660 (2023) (02) ITAT In the instant case, the assessee had …