Category: Judgments
Surrender of income due to recovery of documents during survey can not be said to be voluntarily. ITAT upheld penalty u/s 271(1)(c) ABCAUS Case Law CitationABCAUS 3472 (2021) (03) ITAT Important case law relied referred:MAK Data (P) Ltd. v. CIT (2013) 358 ITR 593(SC)Samson Maritime Ltd. 88 taxmann.com …
Earlier cash withdrawal can be explained as source for subsequent bank deposit of cash, provided there are no evidence to show that those withdrawals could not be available to as a source for subsequent deposits. ABCAUS Case Law CitationABCAUS 3471 (2021) (03) ITAT In the instant case, the …
ITAT remanded invocation of Section 115BBE denying set off of current year loss against income assessed u/s 68. ABCAUS Case Law CitationABCAUS 3470 (2021) (03) ITAT Important case law relied referred:Sumati Dayal v. CIT reported in (1995) 214 ITR 801(SC)CIT v. Durga Prasad More (1971) 82 ITR 540 …
Addition for cash deposit remanded as bank account was opened by someone else by forging PAN Card and signature of assessee. ABCAUS Case Law CitationABCAUS 3469 (2021) (03) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the addition made …
No TDS u/s 194IA on advance security deposit under JDA as there was no transfer as conditions of Section 2(47)(v) of the Act was not complied ABCAUS Case Law CitationABCAUS 3468 (2021) (03) ITAT Important case law relied referred:Keshub Mahindra v. CGT 70 ITR 1CGT v Smt C …
Extension of limitation period due to covid-19 ended by Supreme Court. Period from 15.03.2020 till 14.03.2021 to be excluded. ABCAUS Case Law CitationABCAUS 3467 (2021) (03) SC Due to COVID-19 pandemic, the Hon’ble Supreme Court had taken suo motu cognizance of the difficulties faced by the litigants in …
Relays manufactured for use only as Railway signaling was classifiable under heading 8536 following equipment predominant use or sole/principal use test – SC ABCAUS Case Law CitationABCAUS 3466 (2021) (03) SC Important case law relied referred:Central Excise vs. Simplex Mills Co. Ltd (2005) 3 SCC 51A. Nagaraju Bros …
Allahabad High Court stays establishment of GST Appellate Tribunal at Allahabad in view of SLP to be filed by the UOI A Public Interest Litigation (PIL CIVIL No. – 6024 of 2021) was filed in the Allahabad High Court by the Awadh Bar Association, Lucknow opposing the direction …
Addition u/s 68 for cash deposited in bank during demonetization period deleted as cash was deposited by trade debtors ABCAUS Case Law CitationABCAUS 3465 (2021) (03) ITAT Important case law relied referred:Malpani House of Stones Vs CIT (88 taxmaann.com 546) (Raj HC)CIT vs Aggarwal Engg Co. (302 ITR …
Payment to non-resident for consideration for resale/use of computer software through EULAs/distribution agreements not liable to TDS u/s 195 ABCAUS Case Law CitationABCAUS 3464 (2021) (03) SC Important case law relied referred:CIT vs. Samsung Electronics Co. Ltd. (2012) 345 ITR 494Transmission Corpn. of A.P. Ltd. v. CIT …