Tag: substantial question of law
Even admission of assessee without corroborative evidence cannot be made basis for addition – High Court In a recent judgment, the Hon’ble Rajasthan High Court has held that the admission of the assessee in absence of any corroborative evidence to strengthen the case of the Revenue cannot be …
Disallowance u/s 40(a)(ia) for non deduction of TDS on amount credited to Provision account deleted by High Court on principles of consistency ABCAUS Case Law CitationABCAUS 3460 (2021) (02) HC Important case law relied referred:Bharat earth movers vs. CIT (2000) 245 ITR 428 (SC)Parashuram Pottery Works Co. Ltd. …
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 …
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 …
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. …
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 …
Tax Appeal to High Court-what constitutes Substantial Question of Law ? The First Appellate Authority under the Income Tax Act, 1961 (the Act) is Commissioner of Income Tax (Appeals) . The second appeal against the order passed by (FAA) lies to the Income Tax Appellate Tribunal (ITAT). …
