Judgments Archives - Page 194 of 356

Neither assessee can withdraw nor CIT(A) can dismiss appeal for non-prosecution. ITAT explains powers/duty of FAA

administrator July 27, 2019 Income Tax, ITAT

Neither assessee can withdraw appeal nor CIT(A) can dismiss appeal for non-prosecution. ITAT explains the powers and duty of the First Appellate Authority. Dismisses of appeal by CIT(A) for non-prosecution results as withdrawal of appeal which is not permitted. ABCAUS Case Law Citation:ABCAUS 3084 (2019) (07) ITAT Important …

Property acquired by ITD u/s 269UE-HC asks CBDT to consider regularising ownership of bonafide buyer

administrator July 26, 2019 High Courts, Income Tax

Property acquired by ITD u/s 269UE-High Court asks CBDT to consider regularising ownership of bonafide purchaser on payment of difference in FMV ABCAUS Case Law Citation:ABCAUS 3083 (2019) (07) HC The instant Writ Petition was filed by a Cooperative Housing Society claiming to be the owners of land …

Assessment order in name of non-existent company void-Supreme Court puts controversy to rest

administrator July 25, 2019 Income Tax, Supreme Court

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 …

Notice u/s 263 issued by AO held valid as it was signed by AO in his ministerial capacity

administrator July 25, 2019 High Courts, Income Tax

Notice u/s 263 issued by AO was held valid when notice itself stated that PCIT directed its issuance and AO signed it merely in his ministerial capacity ABCAUS Case Law Citation:ABCAUS 3081 (2019) (07) HC Important Case Laws Cited/relied upon by the parties:CIT Vs. Amitabh Bachchan, (2016) 384 …

Mere Permission to do work from home not take away status as employees under EPF Act – SC

administrator July 24, 2019 EPFO, Labour Laws, Supreme Court

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 …

Salary accrued to non-resident for services rendered outside India not taxable

administrator July 24, 2019 Income Tax, ITAT

Salary accrued to non-resident for services rendered outside India not taxable and included in the total income. ABCAUS Case Law Citation:ABCAUS 3079 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Utanka Roy vs. DCIT & Others reported in 390 ITR 109 (Cal) The instant appeal by …

Good Work Reward to employee held not constituting bonus u/s 36(1)(ii) and allowable u/s 37

administrator July 24, 2019 Income Tax, ITAT

Good Work Reward to employee held not constituting bonus u/s 36(1)(ii) and allowable as normal business expenditure u/s 37 of the Act. ABCAUS Case Law Citation:ABCAUS 3078 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Shriram Pistons & Rings Ltd. Vs. Commissioner of Income Tax, (2008) …

Exemption u/s 54B allowed though not claimed in return of income nor revised return filed

administrator July 24, 2019 Income Tax, ITAT

Claim for exemption u/s 54B allowed though not made in the return of income. AO had disallowed claim as revised return was not filed ABCAUS Case Law Citation:ABCAUS 3077 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:M/s. Goetze India Pvt. Ltd. Vs. CIT 284 ITR …

No disallowance u/s 40(a)(ia) for short deduction of TDS made at less than prescribed rates

administrator July 23, 2019 Income Tax, ITAT

No disallowance u/s 40(a)(ia) for short deduction of TDS made at less than prescribed rates. ITAT deleted addition following various judgments of High Courts. ABCAUS Case Law Citation:ABCAUS 3076 (2019) (07) ITAT DCIT vs. Chandabhoy reported in (2012) 17 taxmann. Com 158 (Mum.)CIT-LTU vs. HewlettPackard India Sales (P.) …

Merely making cash payment cannot be a ground for disallowance – ITAT

administrator July 23, 2019 Income Tax, ITAT

Merely making cash payments cannot be a ground for disallowance if section 40A(3) not violated or no defects were found in books of accounts/bills & vouchers ABCAUS Case Law Citation:ABCAUS 3075 (2019) (07) ITAT The assessee had challenged the order of CIT(A) in sustaining the part disallowance out …

Category: Judgments

Neither assessee can withdraw nor CIT(A) can dismiss appeal for non-prosecution. ITAT explains powers/duty of FAA

Property acquired by ITD u/s 269UE-HC asks CBDT to consider regularising ownership of bonafide buyer

Assessment order in name of non-existent company void-Supreme Court puts controversy to rest

Notice u/s 263 issued by AO held valid as it was signed by AO in his ministerial capacity

Mere Permission to do work from home not take away status as employees under EPF Act – SC

Salary accrued to non-resident for services rendered outside India not taxable

Good Work Reward to employee held not constituting bonus u/s 36(1)(ii) and allowable u/s 37

Exemption u/s 54B allowed though not claimed in return of income nor revised return filed

No disallowance u/s 40(a)(ia) for short deduction of TDS made at less than prescribed rates

Merely making cash payment cannot be a ground for disallowance – ITAT

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