Category: Judgments
Advance for purchasing capital assets not deemed divided u/s 2(22)(e). It was a trade advance in the normal course of business – ITAT ABCAUS Case Law Citation: ABCAUS 1180 (2017) (03) ITAT The Grievance: The appellant assessee company was aggrieved by the addition made by the Assessing Officer …
CIT-A not to reject new claims made first time on the ground that it was not raised before AO. Litigants can also forget vital issues while filing appeal – ITAT ABCAUS Case Law Citation: ABCAUS 1179 (2017) (03) ITAT Assessment Year : 2009-10 Date/Month of Pronouncement: March, 2017 …
Mistake in Tax audit report-taxes can not be collected without authority of law. It is bounden duty of authorities to consider submission on merits – ITAT In a recent judgment, ITAT Mumbai while seeting aside the issue of additions based on erroneous tax audit report held that taxes …
Affidavit statement has to be taken as correct unless controverted by material filed by other party to counter the statement made therein – ITAT ABCAUS Case Law Citation: ABCAUS 1177 (2017) (03) ITAT The Grievance: This assessee was aggrieved by the order passed by the CIT(A) upholding the …
False return filed by loan consultant send to handwriting expert for verification of the signature of the assessee found on ITR-V acknowledgement as submitted to CPC Bangalore ABCAUS Case Law Citation: ABCAUS 1176 (2017) (03) ITAT Assessment Year : 2010-11 Date/Month of Pronouncement: March, 2017 Brief Facts of …
Guidelines for condonation of delay in appeal filing by Supreme Court and Calcutta High Court. In a recent judgment ITAT Kolkata has condoned delay of 471 days following following these guidelines. ABCAUS Case Law Citation: ABCAUS 1175 (2017) (03) ITAT Assessment Year : 2010-11 Date/Month of Pronouncement: March, …
Original Assessment order merged with CIT order passed u/s 264. AO could not have rectified its original order passed u/s 147 – ITAT ABCAUS Case Law Citation: ABCAUS 1174 (2017) (03) ITAT Assessment Year : 1999-2000 Date/Month of Pronouncement: March, 2017 Important Case Laws Cited/relied upon: ITO Vs. …
Section 68 applicability to share premium or share application money upheld. Section is widely worded to include capital account receipts-Calcutta High Court ABCAUS Case Law Citation: ABCAUS 1173 (2017) (03) HC Substantial Question of Law: Whether in the facts and circumstances of the case and in law, …
Disallowance us 14A(2)-AO need not resort to Rule 8D always. AO is entitled to make disallowance u/s 14A(2), Rules cannot prevail over the Act – ITAT ABCAUS Case Law Citation: ABCAUS 1172 (2017) (03) ITAT The Grievance: The assessee had challemged the order of the CIT invoking revisionary …
Concealment penalty deleted when income was received by cheque after deducting TDS. ITAT accepts that non disclosure was inadvertent not willful. ABCAUS Case Law Citation: ABCAUS 1171 (2017) (03) ITAT The Grievance: The appellant assessee had challenged the order of CIT(A) confirming the order of Assessing Officer …