Category: Supreme Court
In absence of cost of acquisition of development rights, TDR cannot be taxed as a capital gain. Supreme Court dismissed SLP of Department ABCAUS Case Law Citation:ABCAUS 3097 (2019) (08) SC Important case law relied upon by the parties:Sambhaji Nagar Co-op. Hsg. Society Ltd. (2015) 370 ITR 325 …
Addition as unexplained credit/Investment in case of money launderer / hawala operator. Supreme Court dismisses SLP against High Court order ABCAUS Case Law Citation:ABCAUS 3089 (2019) (07) SC The Income Tax Department had received information from the Enforcement Directorate (ED) that the appellant assessee had opened various bank …
Assessment order in the name of non-existent amalgamating company void. Supreme Court put the controversy to rest once for all ABCAUS Case Law Citation:ABCAUS 3082 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:Spice Entertainment Ltd. v Commissioner of Service Tax 2012 (280) ELT 43 (Del.)Skylight …
Mere Permission to do work from home not take away status as employees for the purpose of EPF Act – Supreme Court ABCAUS Case Law Citation:ABCAUS 3080 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:M/s P. M. Patel & Sons and Ors. v. Union of …
Is bank guarantee commission liable to TDS u/s 194H-SC dismisses SLP of the Department but keeps the Question of Law open ABCAUS Case Law Citation:ABCAUS 3073 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:Commissioner of Income Tax (TDS)1 Vs. Larsen & Toubro Ltd. (2019)101 taxmann.com 83(Bombay) In the instant case, the Income Tax …
Reopening due to change in method of accounting for NPA quashed as it was notified in audited accounts. SC dismissed SLP of Revenue ABCAUS Case Law Citation:ABCAUS 3069 (2019) (07) SC The Assessing Officer (AO) had initiated re-assessment proceedings against the respondent bank under Section 147 read with …
If AO examines a claim and not reject it then it can’t be said that AO had not formed any opinion so as reopen the case without any new or additional material-SC dismisses SLP of ITD ABCAUS Case Law Citation:ABCAUS 3055 (2019) (07) SC Important Case Laws Cited/relied …
Value of goods lying at port but not exported can be at cost or market price at the option and regular practice of the assessee. SC dismisses SLP of the Revenue ABCAUS Case Law Citation:ABCAUS 3047 (2019) (07) SC The Revenue had challenged the order of the Tribunal …
Allowability of pension payment to retiring partner in CA Firm. SC refuses to entertain SLP of the ITD against High Court order quashing reopening ABCAUS Case Law Citation: ABCAUS 3046 (2019) (07) SC The petitioner was a partnership firm of Chartered Accountants. For the Assessment Year in question, …
Rectification by ITAT was barred by principle of finality & doctrine of merger. SC dismisses SLP of assessee but set asides Rs.1.5 lakh costs imposed by the High Court for being speculative ABCAUS Case Law Citation:ABCAUS 3045 (2019) (07) SC Important Case Laws Cited/relied upon by the partiesCommissioner …