Category: Judgments
Without cogent reasons for belief towards escapement, even a non-filer can not be forced to file a return u/s 147. ITAT held notice u/s 147 bad in Law ABCAUS Case Law CitationABCAUS 3391 (2020) (09) ITAT Important case law relied upon by the parties:Shri Ravindrasinh N. Gohil vs. …
Assessee entitled to tax credit u/s 91 of both federal and state taxes paid by him. Benefit also available to not ordinarily resident Indians ABCAUS Case Law CitationABCAUS 3390 (2020) (09) ITAT Important case law relied upon by the parties:Wipro Ltd vs Deputy Commissioner of Income Tax
CIT need not to given separate reasons for his satisfaction in giving approval u/s 151 for reopening of assessment if reasons recorded by AO have a direct nexus with the information and formation of belief of income escapement. ABCAUS Case Law CitationABCAUS 3388 (2020) (09) ITAT Important case …
Can Income Tax Authorities be held in contempt of Court in not following their judgments cited before them by the Assessee ABACUS Case Law CitationABCAUS 3387 (2020) (09) HC Important case law relied upon by the parties:Parents Association of Students Vs. M.A. Khan and another, 2009 (2) SCC …
Mere surplus from exhibition not trade commerce or business activities u/s 2(15) making it non-charitable ABACUS Case Law CitationABCAUS 3386 (2020) (09) ITAT Important case law relied upon by the parties:Society of Indian Automobile Manufacturers vs. Income Tax Officer, (2016) 71 taxmann.com 138Assistant Commissioner of Income Tax vs. …
Taking a view should be backed by reasons in the order itself with evidences and independent enquiry. ITAT upheld revision order passed u/s 263 ABACUS Case Law CitationABCAUS 3385 (2020) (09) ITAT Important case law relied upon by the parties:Rampyari Devi Sarogi vs CIT (1968) 67 ITR 84 …
challenging service of notice u/s 143(2) is barred by operation of section 292BB as held by Hon’ble Supreme Court ABACUS Case Law CitationABCAUS 3384 (2020) (09) ITAT Important case law relied upon by the parties:CIT Vs. Laxman Das Khandelwal, 108 taxmann.com 183 (SC) In the instant case, the …
When quantum additions deleted, penalty u/s 271(1)(b) not leviable for failure to comply with notices u/s 142(1). At best it could be technical & venial default on part of assessee ABACUS Case Law CitationABCAUS 3383 (2020) (09) ITAT Important case law relied upon by the parties:CIT vs. Kabul …
Addition for bogus purchases as unexplained cash credits whether u/s 68 or u/s 41(1) as cessation of liability? No additions on opening balances ABACUS Case Law CitationABCAUS 3382 (2020) (09) ITAT In this case appeal was preferred by the Revenue against the order of Commissioner of Income Tax …
No concealment when all information available for determining income given voluntarily by assessee either in return or at the time of assessment ABACUS Case Law CitationABCAUS 3380 (2020) (08) ITAT Important case law relied upon by the parties:CIT vs. Samson Perinchery 392 ITR 4 (Bom). Ventura Textiles Ltd., vs. …