Category: Judgments
Income Tax Act is welfare not penal legislation. intention is to provide benefit of doubt to assessee in the given facts and circumstances ABCAUS Case Law Citation:ABCAUS 3200 (2019) (12) ITAT In the instant case, the appeal was preferred by the assessee against the order of the CIT(Appeals). …
Revised Returns filed belatedly after amalgamation of companies was held to be valid by the Supreme Court in view of section 170(1) of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3199 (2019) (12) SC Important case law relied upon by the parties:Marshall Sons & Co. (India) Ltd. v. ITO (1997) 2 SCC 302Kailash …
Failure of AO to apply/examine applicability of section 184(5) makes the assessment order erroneous and prejudicial to the interests of Revenue ABCAUS Case Law Citation:ABCAUS 3198 (2019) (12) ITAT Important case law relied upon by the parties:Mubarak Trading Co. v/s CIT, 174 Taxman 339Mas Properties & Developers v/s …
Reassessment u/s 148 due to credit card payment. ITAT directed AO to delete the addition made in view of returned income of the assessee ABCAUS Case Law Citation:ABCAUS 3197A (2019) (12) ITAT The instant appeal was filed by the assessee against the order of the CIT(A) in the …
Presumptive tax u/s 44AE – No addition for cash deposit in bank made out of business receipts unless rebutted by cogent findings ABCAUS Case Law Citation:ABCAUS 3197 (2019) (12) ITAT Important case law relied upon by the parties:CIT vs. Nitin Soni (2012) 21 taxmann.com 477. The instant appeal …
Human probability is that truck drivers would insist for cash payment-ITAT deleted additions u/s 40A(3) for cash payments ABCAUS Case Law Citation:ABCAUS 3196 (2019) (12) ITAT The instant appeal was filed by the assessee against the order of the Commissioner of Income Tax in confirming the disallowance u/s …
Benefit of exemption u/s 54F before its amendment can be extended to a residential house purchased outside India. ITAT allowed claim ABCAUS Case Law Citation:ABCAUS 3195 (2019) (12) ITAT Important case law relied upon by the parties:Anurag Pandit The instant appeal was filed by the assessee against the …
Late fee u/s 234E is imposed towards extra effort and resources for processing delayed TDS returns. ITAT dismisses assessee’s appeal ABCAUS Case Law Citation:ABCAUS 3194 (2019) (12) ITAT Important case law relied upon by the parties:Shree Narayana Guru Smaraka Sangam Upper Primary School vs. UOI & Ors.Rashmikant Kundalia …
In Motor Accident Claims income must be determined on the basis of the income tax return, where available. – Supreme Court held that the ITR is a statutory document on which reliance may be placed to determine the annual income of the deceased. ABCAUS Case Law Citation:ABCAUS 3193 …
Issuance of notice on wrong address not confers right on the Assessing Officer to get the notice served u/s 143(2) by way of affixation ABCAUS Case Law Citation:ABCAUS 3192 (2019) (11) ITAT Important case law relied upon by the parties:CIT vs. Madhsy Films P. Ltd. 301 ITR 69 …