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All High Courts

Unsecured loan/ Gifts to be added to Income if creditworthiness of giver not proved

September 12, 2018 6474 Views 0 comment Print

Sitaram Ramchanddas Patel Vs ITO (Gujarat High Court) When the assessee failed to prove the capacity of the concerned persons who alleged to have given the unsecured loan and/or gift, it cannot be said that the learned Tribunal has committed any error in confirming the additions made by the Assessing officer and confirmed by the CIT (Appeals) of Rs.19,92,730/= […]

Penalty U/s. 271(1)(c) not attracted for a mere wrong claim

September 12, 2018 19881 Views 1 comment Print

Pr. CIT Vs Samtel India LTD (Delhi High Court) From the facts of this case it is clear that the assessee disclosed all the particulars of his income. The AO has disallowed his claim without holding it to be bogus or false. Hence, the genuineness of the loss occurred is not at question here. The […]

Finality of litigation cannot be on the basis of fraud as fraud virates all acts

September 12, 2018 1491 Views 0 comment Print

When fraud is played, which is apparently prima facie apparent from the records, then the finality of a decree cannot be allowed to precipitate. The said principle is fortified by the Supreme Court in {(2007) 7 SCC 482}.

Income Tax dept can reassess Income of Sonia and Rahul Gandhi: Delhi HC

September 11, 2018 2787 Views 0 comment Print

Sonia Gandhi & Oscar Fernandes Vs. ACIT and Rahul Gandhi Vs. PCIT (Delhi High Court) The entire premise of the reassessment notices in this case is that the non­disclosure of the taxing event, i.e. allotment of shares (and the absence of any declaration as to value) deprived the AO of the opportunity to look into […]

HC denies Bail to CA in Bogus Billing Case

September 10, 2018 1086 Views 0 comment Print

Petitioner and her co-accused in connivance with each other had made 35 fake firms and after making fake entries had issued invoices involving tax amount of more than Rupees Ten Crores. In her statement recorded on 02.08.2018, petitioner has admitted that she had prepared fake firms after accepting fee from her co-accused on the basis of fake ID’s and documents. The firms were misused for evading GST by Sandeep Goyal and Rajesh Arora. Case is still under investigation.

ITAT explains difference between “derived from the undertaking” and “derived from the business of the undertaking”

September 10, 2018 1809 Views 0 comment Print

Court held that interest on fixed deposits in the bank would be profits and gains derived from any business of an industrial undertaking. The same reasoning would apply to extend deductions under Section 80IA of the Act for the compensation received for non supply of spare parts. T

UP VAT: No interest can be levied on turnover not admitted by dealer

September 9, 2018 5439 Views 0 comment Print

Union Of India Vs The Commissioner, Trade Tax, U.P. Lucknow (Allahabad High Court) In the present case it is an admitted fact that the revisionist disputed the liability of payment of tax and that the revisionist never admitted liability to pay any tax on the transaction in question and this fact that the revisionist is […]

HC dismisses PIL Challenging constitutional validity of GST Late Fee as not filed by effected parties

September 9, 2018 9753 Views 3 comments Print

n the present petition, the petitioners who are themselves active tax consultants and tax practitioners have challenged the vires of section 47 of CGST Act. They are obviously indirectly concerned with the same. As noted, they pointed out that there are millions of dealers who would be adversely affected by the provisions made therein.

Tax cannot be recovered by issuing notice against Dead person

September 7, 2018 1806 Views 0 comment Print

Without adjudicating the said issue, the second respondent cannot proceed to recover the amount, that too, by issuing a notice against a dead person. Hence, the impugned notice is held to be not sustainable in law.

HC Imposes cost for Abuse of law by filing Multiple Proceedings on same issue

September 7, 2018 2865 Views 0 comment Print

M/s. Vibgyor Texotech Ltd. Vs Board of Directors State of Bank of India (Bombay High Court) Indisputedly, order dated 16.3.2017 passed by the District Magistrate under Section 14 has attained the finality and has been executed. The Petitioner herein has not challenged the order dated 16.3.2017 either by filing an application under Section 17 of […]

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