Category: Judgments

Prosecution filed without initiation of assessment proceedings upheld. Compounding or approaching Settlement Commission not a natural right – Sessions Court  Faced with the presumption u/s 278E of Income Tax Act,  it  is  for  the accused to lead evidence before the Trial Court and to dispel the presumption  by  …

No tax audit in one proprietorship firm-ITAT deleted penalty u/s 271B as when no accounts was maintained, assessee was not be expected to get them audited. ABCAUS Case Law Citation:ABCAUS 3166 (2019) (10) ITAT Important case law relied upon by the parties:Shri Rajeshbhai Hirabhai Patel Vs. ITOShri Udayshankar …

Additional depreciation on revenue expenditure on installation of plant and machinery allowable. ITAT directs AO to delete the addition ABCAUS Case Law Citation:ABCAUS 3165 (2019) (10) ITAT Important case law relied upon by the parties:Trichy Distilleries & Chemicals Ltd. vs. CIT reported in (1999) 235 ITR 194 Additional …

Approval u/s 153D not empty formality and not valid in the eyes of law if granted without application of mind discernible from record ABCAUS Case Law Citation:ABCAUS 3164 (2019) (10) ITAT Important case law relied upon by the parties:Sahara India (firm) vs CIT (2008) 300 ITR 403; Space …

Prosecution u/s 276CC quashed as accused age was more than 70 years at the time of commission of offence as per CBDT Circular and as held by Supreme Court ABCAUS Case Law Citation:ABCAUS 3163 (2019) (10) ITAT Important case law relied upon by the parties:Arun Kumar Bhatia v. …

Guarantee does not amount to an international transaction under section 92B of the Income Tax Act. ITAT ABCAUS Case Law Citation:ABCAUS 3162 (2019) (10) ITAT Important case law relied upon by the parties:M/s Suzlon Energy Ltd.-vs-ACIT (2017) 188 TTJ 278Micro Ink Ltd Vs ACIT .Siro Clinpharm Pvt Ltd …

Cash loan from wife due to business expediency. Penalty u/s 271D deleted as the business was carried on in the interest of family and genuineness/sources was not doubted ABCAUS Case Law Citation:ABCAUS 3161 (2019) (10) ITAT Important case law relied upon by the parties:Penmetsa Venkata Soma RajuDr. Dutta …

Concealment penalty deleted for excess salary appearing in Form 26AS on revision by employer. ITAT accepted assessee’s explanation as bonafide & genuine ABCAUS Case Law Citation:ABCAUS 3160 (2019) (09) ITAT Concealment penalty for excess salary appearing in Form 26AS In the instant case, the appeal was filed by …

Depreciation rate on printers under Income Tax. Computer peripherals like printers part of computer system & entitled for depreciation at the rate of 60% ABCAUS Case Law Citation:ABCAUS 3159 (2019) (09) ITAT Important case law relied upon by the parties:CIT Vs. Cactus Imaging India Pvt. Ltd.CIT Vs. Bses …

Penalty u/s 271(1)(c) on disallowance of notional interest on debit balances in capital account of some of the partners deleted as in totality, partners capital had net credit balance. ABCAUS Case Law Citation:ABCAUS 3158 (2019) (09) ITAT In the instant case, the appeal was filed by the assessee …