Category: Judgments
Higher rate of depreciation allowable on crane. So long as crane is registered under the Motor Vehicles Act, it is a motor vehicle. ABCAUS Case Law Citation:ABCAUS 3191 (2019) (11) ITAT Important case law relied upon by the parties:CIT Vs. Gaylord Constructions Gujco Carriers Vs. CIT 122 taxman …
Section 87 of Arbitration and Conciliation Act 1996 struck down by Supreme Court as constitutional invalid. The said section had provided for an automatic stay on arbitral award when challenged in court ABCAUS Case Law Citation:ABCAUS 3190 (2019) (11) SC Important case law relied upon by the parties:BCCI …
Appeal u/s 96(2) CPC is statutory right which defendant cannot be deprived merely on ground that application filed under Order IX Rule 13 CPC was dismissed ABCAUS Case Law Citation:ABCAUS 3189 (2019) (11) SC Important case law relied upon by the parties:Bhivchandra Shankar More v. Balu Gangaram More …
Supreme Court struck down Tribunal Rules formulated u/s 184 of the Finance Act, 2017 being contrary to the parent enactment and the Constitution ABCAUS Case Law Citation:ABCAUS 3188 (2019) (11) SC A Constitution Bench of the Hon’ble Supreme Court have struck down the Tribunal, Appellate Tribunal and other …
Revision u/s 263 for non initiation of penalty proceedings. It is not open to CIT to exercise revisional powers to create a non existent proceedings ABCAUS Case Law Citation:ABCAUS 3187 (2019) (11) ITAT Important case law relied upon by the parties:Easy Transcription & Software Pvt.Ltd. vs. CIT Revision …
Additional Evidence admitted due to non-seriousness of Authorised Representative and for non service of notices ABCAUS Case Law Citation:ABCAUS 3186 (2019) (11) ITAT In the instant case, the appeal by the assessee was directed against order passed by the Commissioner of Income-tax (Appeals) in not permitting the assessee …
Revisionary order u/s 263 passed in the name of dead person quashed. CIT was not justified in setting aside the assessment ignoring the fact that assessee had already expired ABCAUS Case Law Citation:ABCAUS 3185 (2019) (10) ITAT Important case law relied upon by the parties:CIT Vs. M. Hemanathan, …
Revision Petition against issue of non bailable warrant u/s 50 of Black Money Act dismissed as NBW do not decide or touch important rights or liabilities of parties. ABCAUS Case Law Citation:ABCAUS 3184 (2019) (10) AC Important case law relied upon by the parties:Inder Mohan Goswami and Ors Vs. State of Uttaranchal and Ors Revision Petition against …
Addition for creditors balance difference in fish trading business. 100% accounts reconciliation impossible considering perishable nature of business ABCAUS Case Law Citation:ABCAUS 3183 (2019) (10) ITAT Additions for creditors balance difference in fish trading business The appellant assessee was an individual and was trading in fish. The case …
Addition made for excess agriculture productivity of fruits quashed. No disallowance can be made merely on basis of report of Agriculture Officer ABCAUS Case Law Citation:ABCAUS 3182 (2019) (10) ITAT Addition made for excess agriculture productivity In the instant case, appeal was filed by the assessee against …