Category: Judgments
Issue of notice u/s 148 by Non jurisdictional AO not valid. Section 292BB not applicable where assessee had already objected the issue before AO ABCAUS Case Law Citation:ABCAUS 3096 (2019) (08) ITAT The instant appeal filed by the assessee was directed against the order of CIT(A). The assessee …
CGST Act not empower Govt. to frame rule providing lapse of ITC. Notification No. 20/2018 and Circular No.56/30/2018-GST quashed and declared ultra vires to that extent ABCAUS Case Law Citation:ABCAUS 3095 (2019) (08) HC Important case law relied upon by the parties:Dipak Vegetable Oil Industries Ltd. Vs. Union …
Order of remand by ITAT does not give rise to any substantial question of law warranting an appeal, under Section 260-A of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3094 (2019) (07) HC The instant appeals were filed under Section 260-A of the Income Tax Act, 1961 …
Certificate u/s 197 given by AO under dictation of superior officer bad in law. It’s a quasi-judicial decision has to be taken by the AO on objective criteria and relevant material – High Court ABCAUS Case Law Citation:ABCAUS 3093 (2019) (07) HC Important Case Law relied upon by …
Lack of significant discussion of every argument by ITAT does not constitute a substantial question of law – High Court upheld revision u/s 263 ABCAUS Case Law Citation:ABCAUS 3092 (2019) (07) HC The assessee had appealed under Section 260A of the Income Tax Act, 1961 (the Act) alleging …
Revision u/s 263 upheld as AO failed to initiate penalty proceedings u/s 271(1)(c) where assessee increased income in revised return filed u/s 148 ABCAUS Case Law Citation:ABCAUS 3091 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:CIT v. Bhikaji Dadabhai and Co. 42 ITR 123ACIT vs. …
Deduction u/s 80JJAA There is no requirement of atleast 100 new workmen to be employed to claim deduction ABCAUS Case Law Citation:ABCAUS 3090 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Panacea Biotec Ltd. Vs. ACIT 122 ITD 199 The instant appeal by the Assessee was …
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 …
TDS return filed late cannot be declared non est in law. Like income tax return no such provision exits declaring a return of TDS filed beyond time invalid ABCAUS Case Law Citation:ABCAUS 3088 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Fatehraj Singhvi v. UOI 73 …
Insistence of tax authorities to produce a written Agreement to Sell was arbitrary perverse and unreasonable when Law permits oral agreements. There is no law that cash withdrawn from bank cannot be held in cash. ITAT accepts cash deposits out of withdrawals made 4 months earlier ABCAUS Case …