Category: Judgments
e-Assessment proceedings can lead to erroneous assessment if AO not able to understand transactions and accounts without a personal hearing ABCAUS Case Law Citation:ABCAUS 3263 (2020) (02) HC Important case law relied upon by the parties:Smt. Shrilekha Banerjee Vs. CIT 1964 AIR SC 697 In the instant case, …
Once registration granted u/s 12A entire receipts can not be taxed as income without allowing any expenses. Disallowances can be made only on violation of conditions. ABCAUS Case Law Citation:ABCAUS 3262 (2020) (02) ITAT In the instant case, appeal had been filed by the assessee against the impugned …
Addition made in original assessment proceedings u/s 143(3) and deleted by ITAT cannot be made again in assessment proceedings u/s 153A ABCAUS Case Law Citation:ABCAUS 3261 (2020) (02) ITAT In the instant case, appeal had been filed by the Assessee against the impugned order passed by Commissioner of …
Prosecution u/s 276CC-Failure to file ITR was not willful due to seizure of documents required by assessee for examination before filing the return u/s 153A ABCAUS Case Law Citation:ABCAUS 3260 (2020) (02) HC Prosecution u/s 276CC-Failure to file ITR held not willful In the instant case, the Income …
For grant of registration u/s 12A if tax not deducted at source (TDS) from salary or salary paid partly in cash and partly by cheque is irrelevant ABCAUS Case Law Citation:ABCAUS 3259 (2020) (02) ITAT In the instant case, the appeal had been filed by the Assessee against …
Godown used for storage of explosives qualifies for exemption u/s 54G being a place used for purpose of business of Industrial Undertaking ABCAUS Case Law Citation:ABCAUS 3258 (2020) (02) SC The Hon’ble Supreme Court had dismissed the SLP of the ITD against the judgment of the High Court …
In absence of accounts/certificate of agriculture activity claimed to have been carried out, mere affidavit not sufficient to discharge the burden ABCAUS Case Law Citation:ABCAUS 3257 (2020) (02) HC Important case law relied upon by the parties:Smt. Prem Sundari vs. CIT The appellant assessee was engaged in the …
Reopening u/s 147 /148 for escaped interest income upheld when AO by oversight failed to assess interest income duly disclosed in the books of accounts ABCAUS Case Law Citation:ABCAUS 3256 (2020) (02) HC Important case law relied upon by the parties:Commissioner of Income-Tax v. Corporation Bank Ltd. (2002) …
Corrigendum cannot validate draft assessment order passed u/s 143(3)/144C by Assessing Officer clearly mentioning that order passed was a draft assessment order ABCAUS Case Law Citation:ABCAUS 3255 (2020) (02) ITAT Important case law relied upon by the parties:Vijay Television P. Ltd. Vs Dispute Resolution Panel & Ors. (2014) …
Finance Ministry notified Qualifications for appointment of ITAT, CESTAT & Other Tribunals President/Members. Composition of Search-cum Selection Committee In Nov 2019, a Constitution Bench of the Hon’ble Supreme Court had struck down the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of Members) …