Category: Judgments
Penalty u/s 271(1)(b) can not be imposed when assessment order passed u/s 143(3) not best judgment assessment u/s 144 ABCAUS Case Law CitationABCAUS 3417 (2020) (10) ITAT Important case law relied upon by the parties:Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust vs. ADIT 115 TTJ 419 (Del.) In …
Supreme Court to decide constitutional validity of provisions of IBC 2016 to the extent they apply to personal guarantors of corporate debtors ABCAUS Case Law CitationABCAUS 3416 (2020) (10) SC The Ministry of Corporate Affirs (MCA) by Notification dated 15.11.2019 had brought personal guarantors to corporate debtors under …
Delay in filing appeal condoned as auditor sought opinion from tax advocate who misplaced the records ABCAUS Case Law CitationABCAUS 3415 (2020) (10) ITAT Important case law relied upon by the parties:Ramlal vs. Rewa Coalfields Ltd. AIR 1962 SC 361 Chief Post Master General and Others vs. Living Media …
Assessee can not be taxed for jewellery belonging to family members erroneously or under compulsion offered to tax during search ABCAUS Case Law CitationABCAUS 3414 (2020) (10) ITAT Important case law relied upon by the parties:CIT v Rakesh Ramani 94 taxmann.com 461 (Bom)(HC)/Balmukund Acharya v DCIT 310 ITR …
For computing allowable partners remuneration u/s 40(b) AO can not allocate net profit into different heads to exclude interest income ABCAUS Case Law CitationABCAUS 3413 (2020) (10) ITAT Important case law relied upon by the parties:CIT V/s J. J. Industries (2013) 358 ITR 531Md. Serajuddin & Bros. vs. …
Order of Settlement Commission passed stating non examining of records upheld. Just an isolated sentence can’t be allowed to defeat object of enactment ABCAUS Case Law CitationABCAUS 3412 (2020) (10) HC Important case law relied upon by the parties:Ritesh Tiwari and Anr v. State of Utter Pradesh and …
TDS non deduction by bank where income in Form 15G/15H exceeded threshold limit of basic exemption. ITAT remands case for filing of Form 26A ABCAUS Case Law CitationABCAUS 3411 (2020) (10) ITAT Important case law relied upon by the parties:Hindusthan Co-cola Breverages Ltd. Vs. CIT 293 ITR 226 (SC) …
Every violation of a facet of natural justice not always makes order passed null and void, it has to be tested on the touchstone of prejudice caused ABCAUS Case Law CitationABCAUS 3409 (2020) (10) HC Important case law relied upon by the parties:Dharampal Satyapal Ltd. Vs. Deputy Commissioner …
Adjudicating Officer RERA has power to award compensation or interest. Power to adjudge compensation is conferred upon the Adjudicating Officer and not upon the Authority ABCAUS Case Law CitationABCAUS 3408 (2020) (10) HC Important case law relied upon by the parties:Habitech Infrastructure Limited Vs. State of U.P. and …
Rent of shops let out in shopping Mall if business income or income from house property – SC dismissed Revenue’s SLP ABCAUS Case Law CitationABCAUS 3407 (2020) (10) SC Important case law relied upon by the parties:Raj Dadarkar & Associates v. Assistant Commissioner of Income-taxPrincipal Commissioner of Income …