Category: Judgments

Rakhi Sawant income tax appeals gets both relief and dismissal-Dismissal for delay, disallowance us 40(a)(ia) remanded assessee being not covered u/s 44AB

Rakhi Sawant income tax appeals gets both relief and dismissal from ITAT-dismissal for delay, disallowance us 40(a)(ia) remanded assessee being not covered u/s 44AB ABCAUS Case Law Citation: 1037 (2016) (10) ITAT Appeal-1 dismissed for dealy There was a delay of 704 days for filing the appeal. The …

Partnership salary allowed in profit loss ratio as per deed as the remuneration clause provided the manner of quantifying as per CBDT Circular No. 739

Partnership salary allowed in profit loss ratio as per deed. Remuneration clause provided the manner of quantifying as per CBDT Circular No. 739 – ITAT ABCAUS Case Law Ctation 1035 (2016)(10) ITAT Important Judgments Cited: Assistant Commissioner of Income Tax Vs. M/s. DCS International Trading Durga Dass Davki …

No Penalty 271(1)(c) even if quantum proceedings upheld additions. Merely because a bona fide explanation did not find favour, penalty not justified

No Penalty 271(1)(c) even if quantum proceedings upheld additions. Merely because a bona fide explanation did not find favour, it would not justify the levy of concealment penalty-ITAT ABCAUS Case Law Citation: 1034 (2016) (10) ITAT Brief Facts of the Case: A search operation u/s 132 of the Income Tax Act, …

Income Tax Department vindictively disallowed agricultural income claim of Jayalalithaa. Sasikala also gets similar relief from ITAT

Income Tax Department vindictively disallowed agricultural income claim of Jayalalithaa.  Sasikala also gets relief from ITAT ABCAUS Case Law Citation: 1033 (2016) (10) ITAT Brief Facts of the Case(s): In both the cases, among other thing, the claim of agricultural income was disallowed by the Assessing Officer (AO) …

No income concealment us 271(1(c) on gift under explanation 5A. NSC declared us 153A was received as inheriting, gift from father, grandfather-ITAT

No income concealment us 271(1(c) on gift under explanation 5A. NSC declared us 153A was received as inheriting, gift from father, grandfather-ITAT ABCAUS Case Law Citation: 1032 (2016) (10) ITAT  Important case law cited: Sheraton Apparels Vs. ACIT (2002) 256 ITR 20 Brief Facts of the Case: The …

Expenses on issue of shares eligible deduction us 35D. Deduction for payment of bonus to employees eligible us 36 not 43B or 40A(9)-SC

Expenses on issue of shares eligible deduction us 35D. Deduction for payment of bonus to employees eligible u/s 36 and section 43B or 40A(9) does not come into play-Supreme Court ABCAUS Case Law Citation: 1029 (2016) (10) SC Assessment Year: 2001-02 Questions of Law framed: Whether expenditure incurred on …

Diary also books of accounts us 44AA2. Section does not prescribe but only talks of accounts-documents which may enable AO to adduce true income-ITAT

Diary also books of accounts us 44AA. Section does not prescribe books for business but only talks of accounts-documents which may enable AO to adduce true income, penalty u/s 271A deleted by ITAT ABCAUS Case Law Citation: 1028 (2016) (10) ITAT Assessment Year: 2009-10 and 2010-11 Brief Facts …