Case Laws

Is Stock Broking Company is a Financial Service Provider Under IBC? | NCLAT to Examine

The National Company Appellate Tribunal (NCLAT), New Delhi has recently agreed to examine a serious question of law i.e. whether a stock broking company should be considered as a Financial Service Provider under Section...

Where department has accepted repayment of loan in subsequent year, no addition can be made in current year on account of cash credit.

The ACIT Vs. Smt. Anuradha Anilkumar Agarwal Facts of the case Pertaining to Ground 1:The assessee has shown total purchases of Rs.8,27,50,188/- in respect of Finished Sarees, Grey and Border. According to the AO,...

A time barred order u/s 263 is bad in law.

Begani Dyeing Mills Pvt.Ltd., Surat v. The Pr.CIT., Surat Facts of the caseThe case of the assessee was selected for scrutiny through CASS and accordingly original assessment in case of assessee was completed u/s....

When Assessing Officer admitted the genuineness of transaction in his Remand report, addition cannot be confirmed by CIT(A)

Sh. Mukesh Nanubhai Desai vs ACIT Facts of the case Assessee has  earned exempt income of Rs. 8,67,79,658/- on account of Long term capital gain on which STT was paid exempt u/s 10(38) of Rs. 8,66,13,252/-...

Revision u/s 263 cannot be made on a issue which was never a part of the assessment order to be revised.

Nilkanth Developers vs PCIT - 3 Facts of the case Assessment order u/s. 143(3) was passed 26.03.2013  for A.Y.2010-11 disallowing deduction claimed u/s. 80IB(10) of Rs.1,25,78,872/-. The same was confirmed by CIT(A) but on further appeal before ITAT,...

Cash deposited by a client in insurance agent’s bank account is mere remittance.

Ashish N. Vashi vs ITO Facts of the case The assessee is an insurance agent, he used to collect cash from various parties and deposit them into his bank account and out of...

Notice u/s 148 was issued in the name of dead person which is invalid in the eyes of law.

Sh. Haresh P. Shah, Legal Heir, Late Manjula P. Shah Vs ITO Facts of the case Notice for reassessment proceedings u/s 147/148 was issued to dead person by the department. Death certificate was furnished by the legal...

No addition can be made in respect of completed assessments if no incriminating material is found during the course of search.

The DCIT Vs. M/s.Creative Trendz Pvt. Ltd. Facts of the case The assessee is a company engaged in the business of embroidery of cloth and job work. The assessee filed its Return of...

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