Tag: question of law
Non compete fee paid under deed of covenant held not taxable. Revenue has no business to second guess commercial or business expediency – SC ABCAUS Case Law Citation:ABCAUS 3340 (2020) (07) SC Important case law relied upon by the parties:Guffic Chem (P) Ltd. v. CIT (2011) 4 SCC …
Application of correct limb of penalty u/s 271(1)(c) is a question of fact and not a question of law. ITAT dismissed issue raised before it for the first time ABCAUS Case Law Citation:ABCAUS 3114 (2019) (08) ITAT Important case law relied upon by the parties:Sundaram Finance 403 ITR …
Order of remand by ITAT does not give rise to any substantial question of law warranting an appeal, under Section 260-A of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3094 (2019) (07) HC The instant appeals were filed under Section 260-A of the Income Tax Act, 1961 …
Lack of significant discussion of every argument by ITAT does not constitute a substantial question of law – High Court upheld revision u/s 263 ABCAUS Case Law Citation:ABCAUS 3092 (2019) (07) HC The assessee had appealed under Section 260A of the Income Tax Act, 1961 (the Act) alleging …
There is distinction between questions of law proposed by appellant for admission of appeal and questions framed by Court – Supreme Court ABCAUS Case Law Citation:ABCAUS 2880 (2019) (04) SC In the instant case, the appeal was filed against the judgment passed by the High Court dismissing the appeal of the Income Tax Department. The …
Validity of notice u/s 148 where assessment was made u/s 143(1)- Supreme Court quashed High Court order that no substantial question of law arises ABCAUS Case Law Citation: ABCAUS 2868 (2019) (04) SC The respondent Assessee had filed its return of income for the AY in question declaring the taxable income …
Income tax law on substantial question of law – Supreme Court explains options available before the High Court when no question of law is urged or framed ABCAUS Case Law Citation:ABCAUS 2803 (2019) (02) SC Important Case Laws Cited/relied upon by the parties State of Maharashtra vs. Vithal Rao Pritirao Chawan, (1981) 4 SCC 129, Jawahar Lal Singh vs. Naresh Singh & Ors., (1987) 2 SCC 222, State of U.P. …
When ITAT inspected documents furnished in response to show-cause notice u/s 263 and found transactions not bogus, no interference was called. Supreme Court dismissed SLP of the Revenue ABCAUS Case Law Citation: ABCAUS 2729 (2019) (01) SC Important Case Laws Cited/relied upon: The Revenue had filed an Income …
Courts are not supposed to decide academic issues unless any injury is suffered or any legal right is infringed of the person preferring the appeal ABCAUS Case Law Citation: ABCAUS 2631 (2018) (11) HC The assessee had filed an Income Tax Appeal raising the following substantial questions of …
Exclusion inclusion of comparables to determine Arm’s Length Price (ALP) not necessarily give rise to purely legal or substantial questions of law – High Court ABCAUS Case Law Citation: ABCAUS 2556 (2018) (10) HC Important Case Laws Cited/relied upon by the parties: Principal Commissioner of Income Tax v/s …
