Category: Judgments

Search warrant in the name of assessee and family members. The word family can not be stretched to include spouse, daughter or children – Rajasthan HC

Search warrant in the name of assessee and family members. The word ‘family members’ can not be stretched to include wife, spouse, daughter or children, a person should be specifically named in the search warrant – Rajasthan High Court. ABCAUS Case Law Citation: 1016 (2016) (09) HC Brief Facts …

Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT

Recording two separate reasons for reopening u/s 147 148 bad as it itself shows non-application of mind and assumption of wrong jurisdiction – ITAT ABCAUS Case Law Citation: 1014 (2016) (09) ITAT Brief Facts of the Case: In the instant case, the assessee was aggrieved by the order …

Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court

Commissioner can allow fresh deduction claim u/s 264 under revision petition without requirement of filing of revised income tax return – Kerala High Court ABCAUS Case Law Citation: 1012 (2016) (09) HC Important Judgments Cited: Parekh Brothers v. Commissioner of Income Tax Goetze (India} Ltd. v. Commissioner of Income Tax …

Fall in GP ratio or non-incurring basic business expenditure like travelling, telephone salary etc. not reasons for rejecting books of accounts us 145

The marginal fall in GP ratio compared to preceding year and non-incurring of expenditure like travelling, telephone, salary, etc. are not the relevant reasons for rejecting of books of accounts under section 145 of the Income Tax Act – ITAT ABCAUS Case Law Citation: 1010 2016 (09) ITAT …