Category: Judgments
Penalty u/s 271AAB for undisclosed income declared deleted for no incriminating material found during search and also for notice non specifying the specific limb ABCAUS Case Law Citation:ABCAUS 2876 (2019) (04) ITAT Important Case Laws Cited/relied upon by the partiesSSA’s Emerald Meadows, (2016) 73 taxmann.com 248(SC)Manjunatha Cotton & …
Sale of property mortgaged to bank liable to capital gain tax. Encumbrance created as a guarantee by assessee not deductible u/s 48 of Income Tax Act, 1961 ABCAUS Case Law Citation: ABCAUS 2875 (2019) (04) HC Important Case Laws Cited/relied upon by the parties M. Arunachalam V. CIT, …
Addition u/s 68 made without issuing notice to creditors deleted by ITAT as AO failed to conduct inquiry. Had creditors not responded, addition might be justified ABCAUS Case Law Citation: ABCAUS 2874 (2019) (04) ITAT In the instant case, the assessee was in appeal before the Tribunal against …
Rule 8D can not be applied without giving reasons. Unless AO rejects explanation of the assessee with some reasoning, mere rejection per se not accepted – Supreme Court rejects Revenue’s SLP ABCAUS Case Law Citation: ABCAUS 2873 (2019) (04) SC Important Case Laws Cited/relied upon by the parties …
Merely giving financial assistance by father to sons to purchase properties it could not be said to benami transaction – SC ABCAUS Case Law Citation: ABCAUS 2872 (2019) (04) SC Important Case Laws Cited/relied upon by the parties Thakur Bhim Singh v. Thakur Kan Singh (1980) 3 SCC 72 Binapani Paul v. …
Retraction from the surrender without having evidence or proof not permissible in the eyes of law. Supreme Court quashed SLP of the assessee ABCAUS Case Law Citation: ABCAUS 2871 (2019) (04) SC Important Case Laws Cited/relied upon by the parties CIT, Bikaner Vs. Ravi Mathur CIT Vs. Sunil …
Order holding CS guilty of misconduct set aside as no opportunity was provided on the question of quantum of punishment irrespective of admission of guilt. ABCAUS Case Law Citation: ABCAUS 2870 (2019) (04) AA The allegation against the appellant company secretary was that she had committed Professional Misconduct …
Dharmada collected as optional payment by buyer not part of transaction value for the sale of goods –Supreme Court quashes CESTAT Order ABCAUS Case Law Citation: ABCAUS 2869 (2019) (04) SC Important Case Laws Cited/relied upon by the parties Collector vs. Panchmukhi Engineering Works 2003 (158) ELT 550 …
Validity of notice u/s 148 where assessment was made u/s 143(1)- Supreme Court quashed High Court order that no substantial question of law arises ABCAUS Case Law Citation: ABCAUS 2868 (2019) (04) SC The respondent Assessee had filed its return of income for the AY in question declaring the taxable income …
Sale of client relationship and goodwill by CA firm was of capital asset u/s 2(14) chargeable to tax under the head capital gain and deduction u/s 54EC was allowable – ITAT ABCAUS Case Law Citation: ABCAUS 2867 (2019) (04) ITAT The appellant assessee was a partnership firm carrying …
