Category: Judgments
Mere TDS deduction not decisive factor to treat payment received as income of the assessee ABCAUS Case Law Citation:ABCAUS 3347 (2020) (07) ITAT Important case law relied upon by the parties:CIT vs. Panbari Tea Company Ltd. (1965) 57 ITR 422(SC)Win Chadha vs CIT (International Taxation)Sumati Dayal vs. CIT …
Cash withdrawal to be considered as source of cash deposited in bank after deduction for reasonable household expenses – ITAT ABCAUS Case Law Citation:ABCAUS 3346 (2020) (07) ITAT In the instant appeal, the assessee had challenged the order of CIT(A) in confirming addition made by the Assessing Officer …
Addition based on statement recorded deleted as witness did not appear for cross examination on Departments notice ABCAUS Case Law Citation:ABCAUS 3345 (2020) (07) ITAT Important case law relied upon by the parties:Kishanchand Chellaram 125 ITR 713 (SC)Andaman Timber Industries 281 CTR 214 (SC The Assessee had challenged …
Disallowance u/s 40A(2)(b) AO has to form opinion if expenses more than FMV according to legitimate needs of business. ABCAUS Case Law Citation:ABCAUS 3344 (2020) (07) ITAT Important case law relied upon by the parties:Flour Mills Vs. ACIT (2009) 314 ITR 1 (Guj.)CIT Vs. Shatrunjay Diamonds (2003) 261 …
Proceeding against Company Director for FERA contravention. Necessary ingredients are similar to section 141 of Negotiable Instrument Act – SC ABCAUS Case Law Citation:ABCAUS 3343 (2020) (07) SC Important case law relied upon by the parties:S. M. S. Pharmaceuticals Ltd. Vs. Neeta Bhalla and another, (2005) 8 SCC …
High Court set aside rejection of application for revocation of GST registration cancellation order in view of Central Goods and Services Act (Removal of Difficulties Order), 2020 ABCAUS Case Law Citation:ABCAUS 3342 (2020) (07) HC In the instant case the appellant had filed the Writ Petition before the …
Assessee not permitted to change head of income as per his own sweet will and convenience. ITAT upheld addition following consistency rule ABCAUS Case Law Citation:ABCAUS 3341 (2020) (07) ITAT Important case law relied upon by the parties:Chennai Properties & Investments Ltd. v/s CIT, 373 ITR 673 (SC)Rayala …
Non compete fee paid under deed of covenant held not taxable. Revenue has no business to second guess commercial or business expediency – SC ABCAUS Case Law Citation:ABCAUS 3340 (2020) (07) SC Important case law relied upon by the parties:Guffic Chem (P) Ltd. v. CIT (2011) 4 SCC …
Project office used as auxiliary office for liaison not a PE unless core business is carried on therefrom – SC ABCAUS Case Law Citation:ABCAUS 3339 (2020) (07) SC Important case law relied upon by the parties:Commissioner of Income Tax and Another v. Hyundai Heavy Industries Co. Ltd., (2007) …
NFRA imposes penalty of Rs. 25 lakhs and debars CA for 7 years for professional misconduct in statutory audit of ILFS Financial Services Ltd ABCAUS Case Law Citation:ABCAUS 3338 (2020) (07) NFRA The National Financial Reporting Authority (NFRA / Authority) helds CA guilty of professional misconduct for performance …