Category: Judgments
High Court declines to direct refund pending scrutiny. Since matter is pending scrutiny before AO exercising the discretion u/s 143(1d) no mandamus can be issued. ABCAUS Case Law Citation: ABCAUS 2264 (2018) (03) HC The assessee had filed the instant writ invoking the extra-ordinary jurisdiction of the Hon’ble …
Deemed dividends not exempted u/s 10(34) in the hand of the payee since there is no payment of additional tax under Section 115(O)-High Court ABCAUS Case Law Citation: ABCAUS 2263 (2018) (03) HC The appellant assessee had challeneged the order of the ITAT holding that assessee was liable …
Reassessment upheld for non disclosure of Interest income set off against interest on loans and advances when production was not commenced ABCAUS Case Law Citation: ABCAUS 2262 (2018) (03) HC The appellant Revenue was aggrieved by the order of the first appellate authority and the Income Tax Appellate …
Explanation can not be rejected applying prudent mans behaviour test. Â High Court deletes addition made for cash deposits applying Principle of preponderance of probability ABCAUS Case Law Citation: ABCAUS 2261 (2018) (03) HC The appellant assessee had challenged the order of the ITAT in confirming the addition under …
Supreme Court explains the doctrine of mutuality. In a recent judgment, the Supreme Court has explained the doctrine of mutuality. Receipts of non-occupancy charges, transfer charges, common amenity fund charges received by cooperative societies, from its members exempt from tax ABCAUS Case Law Citation: ABCAUS 2260 (2018) (03) …
After enactment of GST, administrative Charges on Molasses can not be levied under the provision of the U.P. Sheera Niyantran Adhiniyam 1964-Allahabad High Court stays the demand. ABCAUS Case Law Citation: ABCAUS 2259 (2018) (03) HC In a recent judgment the Allahabad High Court has stayed the Administrative …
Conviction u/s 278B of Income Tax Act against independent director set aside. Generally and vaguely stated allegations not sufficient to satisfy the basic requirements of law. ABCAUS Case Law Citation: ABCAUS 2258 (2018) (03) TC The Applicant had filed this criminal revision application before the Additional Sessions Judge …
Person convicted u/s 276B, unless minor, can not be released on probation of good conduct. Order of the Trial Court set aside by Special Judge of TIS Hazari Court ABCAUS Case Law Citation: ABCAUS 2257 (2018) (03) TC Section 276B of the Income Tax Act, 1961 (the Act)Â inter …
Assessee in default u/s 201 not absolved if the resident who receives the payment without TDS files a loss return. Proviso require actual payment of tax-High Court ABCAUS Case Law Citation: ABCAUS 2256 (2018) (03) HC The appellant assessee was aggrieved by the order treating the appellant as …
Cash redeposits claimed out of withdrawals unlikely if deposited in remote bank branches not near to the assessee’s office or residence. No person will go to a branch to deposit extra cash leaving another bank branch near to his office/residence-ITAT ABCAUS Case Law Citation: ABCAUS 2255 (2018) (03) …
