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June 11, 2019 Case Laws Income Tax AT

Tax Case Remanded for New Valuation: LTCG to be Reassessed by DVO Using Accurate FMV Methodology.
June 11, 2019 Case Laws Income Tax AT

Penalty u/s 271(1)(c) Not Automatic for Non-Inclusion of Tax Refund Interest; Negligence Not Always Misconduct.
June 11, 2019 Case Laws Income Tax AT

Investor Companies Validated, No Shell Entity Evidence; Pr.CIT Cannot Override AO's Decision Without Basis u/ss 263 & 68.
June 11, 2019 Case Laws Insolvency and Bankruptcy AT

Adjudicating Authority Can't Block Claims or Intervene in Criminal Cases Under Insolvency Code Section 60(6) Jurisdiction.
June 11, 2019 Case Laws Service Tax AT

CENVAT Credit Denial Overturned: Location Shouldn't Dictate Eligibility Without Output Services from Delhi Unit.
June 11, 2019 Case Laws Service Tax AT

Assessee Found Not Liable for Site Services; Only Rented Earth-Moving Machines, Demand Quashed Due to Lack of Evidence.
June 11, 2019 Case Laws VAT and Sales Tax HC

Informer Reward Withheld: Tax Not Irrevocably Due Yet, Says Government.
June 11, 2019 Case Laws VAT and Sales Tax HC

Appellant's ITC Claim Affected by Vendors' Failure to File or Defective Returns; ITC Viewed as Concession, Not Right.
June 11, 2019 Case Laws Income Tax AT

Interest Expense Disallowance Not Applicable for Assessee with Sufficient Interest-Free Funds u/s 14A(2) of Income Tax Act.
June 11, 2019 Case Laws Insolvency and Bankruptcy AT

RP Cannot Reject Creditor Claims Post-COC Approval; File u/s 60(6) or Claim u/s 40.
June 10, 2019 Case Laws Income Tax HC

Club's Income from Members Assessed for Tax Exemption; Administrative Expense Retention Not Taxed Under Mutuality Principle.
June 10, 2019 Case Laws Income Tax HC

High Court Declines Detailed Review of Section 153C Proceedings; Dismisses Writ, Advises Petitioner to Appeal Instead.
June 10, 2019 Case Laws Income Tax HC

Tribunal Applies Real Income Theory, Rules No Income Tax on Unpaid Claims Due to Parent Company's Financial Crisis.
June 10, 2019 Case Laws Income Tax HC

Penalty Upheld for Cash Loans: Assessee Fails to Prove Urgent Financial Need u/s 271D, Violates Section 269SS.
June 10, 2019 Case Laws Income Tax HC

TPO Exceeded Authority by Evaluating Business Justification for Royalty Payments Instead of Using Scientific Methods, Section 92CA(3.
June 10, 2019 Case Laws Income Tax HC

Tax Department Halts Further Recovery; 38% Already Recovered, Appeals Pending Over Two Years, Awaiting Resolution.
June 10, 2019 Case Laws Income Tax HC

Court Quashes Reassessment Notice for Lack of Jurisdiction u/s 147 of the Income Tax Act.
June 10, 2019 Case Laws Income Tax HC

Reassessment Notice u/s 147 Invalidated Due to Full Disclosure of Facts by Assessee for Section 80-IB(10) Deduction.
June 10, 2019 Case Laws Income Tax HC

Tribunal Accepts Assessee's Calculation, Finds No Further Disallowance u/s 14A, Rule 8D Conditions Not Met.
June 10, 2019 Case Laws Income Tax AT

CBDT Circular No.6/2016 guides on classifying income from share trading as Capital Gains for consistent tax treatment.
June 10, 2019 Case Laws Income Tax AT

Court Upholds Assessing Officer's Interpretation of "Residential House" u/s 54, Quashes Revision u/s 263.
June 10, 2019 Case Laws Income Tax AT

Software Expenses Classified as Revenue Expenditure Due to Annual Use and No Enduring Benefit Under Agreement.
June 10, 2019 Case Laws Income Tax AT

Electrical fittings classified as plant and machinery for depreciation purposes, eligible for 15% rate. Not furniture and fixtures.
June 10, 2019 Case Laws Income Tax AT

Appeals Filing Delay of 303 Days Excused Due to Chartered Accountant's Illness; Ex Parte Orders Passed u/s 144.
June 10, 2019 Case Laws Income Tax AT

No Penalty for Income Escapement: Taxpayer's Revised Return Pre-Notice u/s 271(1)(c) Shows Non-Contumacious Conduct.
June 10, 2019 Case Laws Income Tax AT

Section 254(2) of Income Tax Act: Rectification of Clear Errors Only, No Re-evaluation Allowed by ITAT.
June 10, 2019 Case Laws Insolvency and Bankruptcy Tri

Adjudicating Authority Must Accept CoC-Approved Resolution Plan with 66% Vote; Binding on Debtor and Stakeholders.
June 10, 2019 Case Laws Central Excise AT

Appellants Must Seek Refund for Double Payment of Excise Duty on Transformer Oil u/s 11B.
June 8, 2019 Case Laws Income Tax HC

Settlement Commission Lacks Jurisdiction Over Undisclosed Foreign Income u/s 4(3) of the Black Money Act.
June 8, 2019 Case Laws Income Tax HC

Court Quashes Assessment Order for Ignoring Revised Return and Section 54F Claims Without Reasons.
June 8, 2019 Case Laws Income Tax HC

Notice u/s 143(2) Deemed Invalid for Exceeding Limitation Period; Assessment Proceedings Quashed as Time-Barred.
June 8, 2019 Case Laws Income Tax HC

Court Protects Appeal Right Despite Procedural Error; Petitioner Must Follow Rule 45 in Three Weeks for Merits Review.
June 8, 2019 Case Laws Income Tax AT

Assessee not liable for unaccounted cash u/s 68 due to lack of evidence and opportunity to cross-examine.
June 8, 2019 Case Laws Income Tax AT

Loans from Family Members Exempt from Penalty u/s 271D of the Income Tax Act.
June 8, 2019 Case Laws Income Tax AT

Commissioner of Income Tax (Appeals) Adds 10% to Bogus Purchases for Gray Market Involvement with Hawala Operators.
June 8, 2019 Case Laws Income Tax AT

Appeal Dismissed: CBDT Circular Para 10 Excludes State Sales Tax Info from Monetary Limit Exceptions for Appeals.
June 8, 2019 Case Laws Income Tax AT

Assessment Order for Non-Existent Entity Invalid; All Subsequent Proceedings Void.
June 8, 2019 Case Laws Income Tax AT

Company Corrects Stock Valuation Error After Director's Retracted Statement; Accurate Processing Costs Verified by Documentation.
June 8, 2019 Case Laws Customs AT

Reassessment in Customs Cases Only with Pre-existing Documents at Clearance Time per Section 149; No Penalty Imposed Here.
June 8, 2019 Case Laws Insolvency and Bankruptcy Tri

COC under IBC 2016 requires 66% voting for CIRP decisions, treating all financial creditors as one entity.
June 8, 2019 Case Laws Service Tax HC

Appellant entitled to interest on service tax refunds u/s 11BB of Central Excise Act and Section 83 of Finance Act.
June 8, 2019 Case Laws Service Tax AT

Service Tax Value Not Based Solely on TDS; Form 26AS Expenditures Insufficient for Tax Demands; Case Remanded for Recalculation.
June 8, 2019 Case Laws Service Tax AT

Tribunal to Decide if Gas Pipe Laying Services Qualify as Works Contract; Case Remanded for Further Review.
June 8, 2019 Case Laws Central Excise HC

Settlement Commission Needs Full Disclosure; Order by Additional Commissioner Must Be Withheld for Application Validity.
June 8, 2019 Case Laws Central Excise AT

CENVAT Credit Denied for GTA Services on FOR Sales; Place of Removal is Buyer's Premises, Not Seller's.
June 8, 2019 Case Laws Central Excise AT

Penalties u/s 11AC dismissed due to lack of evidence for clandestine removal despite acknowledged stock shortages.
June 8, 2019 Case Laws Companies Law Tri

Company Accounts Recast Approved u/s 130 Amid Allegations of Mismanagement; Section 230's Validity Unchallenged.
June 7, 2019 Case Laws Income Tax HC

Reassessment Quashed: AO Lacked Independent 'Reasons to Believe' u/s 147, Violating Income Tax Act Mandate.
June 7, 2019 Case Laws Income Tax HC

Provisional attachment u/s 281B of Income Tax Act not examinable under writ; file appeal for Appellate review.
June 7, 2019 Case Laws Income Tax AT

LTCG from Off-Market Share Transactions Valid u/s 68; SEBI and Calcutta Exchange Approved Sale Price.

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