Tag: income tax prosecution
Order of ITAT not binding on Trial Court in income tax prosecution case. Appeal to stay prosecution during pendency of appeal before ITAT dismissed ABCAUS Case Law Citation: ABCAUS 2828 (2019) (03) AC Important Case Laws Cited/relied upon by the parties Commissioner of Income Tax vs. Bhupen Champak …
Prosecution u/s 278B without proof of service of notice u/s 2(35) expressing intention treating a person as Principal Officer of the Company quashed ABCAUS Case Law Citation:ABCAUS 2740 (2019) (01) AC Important Case Laws Cited/relied upon:V.P. Punj Vs. Asstt. CIT, 2001, 119 TAXMAN 543 Delhi, Sushil Suri and Ors. Vs. State & Ors. (2008) 303 ITR 86 Madhumilan Syntex Ltd. and Ors. Vs. Union of India (SC)Greatway (P) Ltd. & Ors. Vs. Asstt. CIT, 199 ITR 391 (P&C),ITO Vs. Roshini Cold Storage (P) Ltd. and Ors., (2000) 245 ITR 322 (Mad)Income Tax …
Prosecution u/s 276CC-Challenge to satisfaction note u/s 153C rejected. If view taken by trial court is reasonable possible view, it is not to be disturbed ABCAUS Case Law Citation: ABCAUS 2716 (2019) (01) AC Important Case Laws Cited/relied upon: Pepsi Foods Pvt. Ltd. Vs. Assistant Commissioner of Income …
Prosecution 276C(2) – Evasion of tax vs evasion of payment of tax. High Court quashed prosecution when ITAT reduced income and there was no indifference on the part of assessee to pay demanded tax ABCAUS Case Law Citation:ABCAUS 2677 (2018) (12) HC Important Case Laws Cited/relied upon:Commissioner of …
Prosecution u/s 276CC for not filing return-Sentence set aside and Trial Court directed to pass fresh judgment after consideration of additional evidences u/s 391 of CrPC. ABCAUS Case Law Citation: ABCAUS 2661 (2018) (12) AC Important Case Laws Cited/relied upon: Sudevanand Vs State through CBI (2012) 3 SCC 387 Govind Chauhan Vs Sriram Sonboir 2014 CriLJ2411 Globe Trotters International Vs Joseph Fernandes MANU/MH/2111/2010 Rambhau and another v. …
Income Tax Prosecution u/s 276CC discharge of accused denied by Trial Court since plea of accused u/s 251 CrPC had been recorded and recording of evidence already commenced ABCAUS Case Law Citation: ABCAUS 2652 (2018) (11) AC Important Case Laws Cited/relied upon: Subramanium Sethuraman V. State of Maharashtra: …
Directors equally responsible for furnishing of return of company as is the managing director. High Court declines to interfere prosecution u/s 276CC ABCAUS Case Law Citation: ABCAUS 2618 (2018) (11) HC Important Case Laws Cited/relied upon: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) 5 SCC 139 …
Release of convicts prosecuted under Income Tax Act on probation- Special Judge dismiss Revenue’s appeal delay condonation application for casual approach ABCAUS Case Law Citation: ABCAUS 2574 (2018) (10) AC Important Case Laws Cited/relied upon by the parties: Mohd. Hasim Vs State of UP State of Nagaland Vs.Lipok …
High Court revives prosecution for not filing return. An indefinite period for compliance can never be the intention of the law ABCAUS Case Law Citation: ABCAUS 2553 (2018) (10) HC Important Case Laws Cited/relied upon by the parties: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) …
Prosecution u/s 277 if grave suspicion exists about involvement of the accused, it is expected to frame charge and put the accused on trial ABCAUS Case Law Citation: ABCAUS 2451 (2018) 08 AC The instant revision petition was directed against the order passed by Additional Chief Metropolitan Magistrate …
