Category: Judgments
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 …
Prosecution 276C for wilful attempt to evade tax stayed during pendency of appeal as its outcome would have bearing on the prosecution against the petitioners. ABCAUS Case Law Citation:ABCAUS 3181 (2019) (10) HC Important case law relied upon by the parties:K.C.Builders v. Assistant Commissioner of Income Tax : …
Disallowance 40A3 for cash payments by brick kiln quashed as payments made to truck drivers at night after banking hours at village without banking facilities ABCAUS Case Law Citation:ABCAUS 3180 (2019) (10) ITAT Important case law relied upon by the parties:CIT vs. Raja Pal Automobiles (2010) 320 ITR …
