Category: Judgments
Some tax evasion sought by assessee is a necessary condition for imposition of penalty u/s 271(1)(c). What has to be shown is whether, and if so, how, assessee can be said to have sought to evade tax. ABCAUS Case Law CitationABCAUS 3433 (2021) (01) ITAT Important case law …
No TDS requirement u/s 195 on employee secondment agreement for payments for reimbursement to a non resident enterprises towards costs of seconded employees. ABCAUS Case Law CitationABCAUS 3432 (2020) (12) HC Important case law relied upon by the parties:M/s Centrica India offshore Pvt. Ltd. vs. Commissioner of income …
Based on only one fake tax invoice, evaded sales could not be assessed at 100% of the disclosed sales – High Court ABCAUS Case Law CitationABCAUS 3431 (2020) (12) HC Important case law relied upon by the parties:M/S Kapil Kumar & Brothers, Gautam Budh Nagar vs. Commissioner of …
Incorrect wrong and non-existing reasons recorded for reopening of assessment is non application of mind ABCAUS Case Law CitationABCAUS 3430 (2020) (12) Important case law relied upon by the parties:CIT vs. Atlas Cycle Industries 180 ITR 319Pr. CIT vs., SNG Developers Ltd., 404 ITR 312Shamshad Khan vs. ACIT …
Section 50C of not apply to transfer of leasehold right in plot of land – ITAT allowed appeal following High Court order ABCAUS Case Law CitationABCAUS 3429 (2020) (12) Important case law relied upon by the parties:CIT vs. Greenfield Hotels and Estates Pvt. Ltd 89 ITR 68Noida Cyber …
No provision exists for disallowance of expenditure in the interest of Revenue and to avoid the leakage of revenue – ITAT ABCAUS Case Law CitationABCAUS 3428 (2020) (12) In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made by …
Levy of GST on lotteries not ultra vires to the Constitution, prize money not to be abated for determining value of taxable supply– Supreme Court ABCAUS Case Law CitationABCAUS 3427 (2020) (12) Important case law relied upon by the parties:Sunrise Associates Vs. Govt. of NCT of Delhi and …
Non striking of applicable limb of penalty clause u/s 271(1)(c) in notice-Supreme Court dismisses SLP of the Income Tax Department ABCAUS Case Law CitationABCAUS 3426 (2020) (11) Important case law relied upon by the parties:Commissioner of Income Tax v/s Shri Samson PerincheryPrincipal Commissioner of Income Tax v/s New …
Prosecution proceedings under Income Tax to be clubbed for different complaint cases on same material, evidence, documents and allegations ABCAUS Case Law CitationABCAUS 3425 (2020) (11) HC Important case law relied upon by the parties:Chandni Srivastava vs. CBI & OrsMohan Baitha vs. State of Bihar AIR 2001 SC …
Cash deposits out of sale of opening stock not unexplained income. High Court upheld ITAT order which followed rule of consistency ABCAUS Case Law CitationABCAUS 3424 (2020) (11) HC In the instant case, the Revenue had challenged the order passed by the ITAT in deleting the addition on …