Category: Judgments
Land received on HUF partition was itself stock in trade, hence there was no conversion of capital assets u/s 45(2) of Income Tax Act ABCAUS Case Law Citation:ABCAUS 3331 (2020) (07) HC Important case law relied upon by the parties:Kalooram Govindaram vs. CIT (1965) 57 ITR 335 (SC)Udarshan …
It is impossible to maintain list of gifts given and demonstrate that a particular sales order was received as a result of a particular gift ABCAUS Case Law Citation:ABCAUS 3330 (2020) (07) ITAT In the instant case, appeal had been preferred by the assessee against order passed by …
Rejection of books of accounts for non maintenance of stock register or incorrect valuation method or non compliance with accounting standard not sufficient. ABCAUS Case Law Citation:ABCAUS 3328 (2020) (07) ITAT Important case law relied upon by the parties:ACIT vs. Yerra Nagabhushanam (1997) 226 ITR 843, 849 (AP)Kunhambu …
Question of right, title, interest is domain of civil court and cannot be decided by NCLT in proceedings u/s 241 and 242- Supreme Court ABCAUS Case Law Citation:ABCAUS 3327 (2020) (07) SC Important case law relied upon by the parties: Sangramsinh P. Gaekwad and Ors. v. Shantadevi P. …
Delay in filing appeal due to assessee not present at his residence and took time in consulting his Counsel condoned by ITAT ABCAUS Case Law Citation:ABCAUS 3326 (2020) (07) ITAT Important case law relied upon by the parties:Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 …
Lack of enquiry in a particular manner or as per procedures prescribed vitiates the assessment only when relevant provisions are applicable. ABCAUS Case Law Citation:ABCAUS 3325 (2020) (07) ITAT In the instant case, the appeal of the assessee was directed against the action of the Pr. CIT …
No bar in claiming deduction u/s 54F in reopening proceedings u/s 147. ITAT direct Assessing Officer to decide exemption afresh ABCAUS Case Law Citation:ABCAUS 3324 (2020) (06) ITAT In the instant case, the appeal of the assessee was directed against the ex parte order passed by the …
Meaning of genuineness of trust activities – they should not be bogus, artificial or camouflaged and whether in accordance with objects – ITAT ABCAUS Case Law Citation:ABCAUS 3323 (2020) (06) ITAT Important case law relied upon by the parties:Baburam Education Society (2018) 96 taxmann.com 606 Meaning of Genuineness …
Non-rejection of explanation in Assessment Order amounts to AO accepting it hence no reopening on change of opinion. SC upholds High Court judgment ABCAUS Case Law Citation:ABCAUS 3322 (2020) (06) SC In a recent judgment, the Hon’ble Supreme Court had dismissed the Special Leave Petition filed by the …
Disciplinary action directed against SGST Commissioner by High Court stayed by Supreme Court ABCAUS Case Law Citation:ABCAUS 3321 (2020) (06) SC Important case law relied upon by the parties:Dabur India Ltd. vs. State of Uttar Pradesh The Hon’ble Supreme Court In the instant case, the respondent was a …