Income Tax Judgements

Held by hon"ble court that any decision passed without recording reasons violates the important rule that "every order should be a speaking order"and is against the principles of Natural Justice. Thus the decision was liable to be set aside.

Held by the Hon`ble Court that, rule 6DD provides exception of payment by crossed Cheque and draft in certain circumstances and CBDT is also issued some guidelines for cash payment these are illustrative and not exhaustive. Therefore cash payment mad

Held by the Hon'ble court that if the order of the Tribunal is non-speaking order it is vitiated due violation of the rules of natural justice.The requirement of recording of reasons introduces clarity,checks the irrelevant considerations and minimis

Held by the Hon'ble court the expenditure u/s 35 of the Act is allowable only when such expenditure expended or related to business. The assessee derived income from consultancy services,preparation of feasibility report and other concerned activitie

Held by the Hon'ble court that as per provisions of section 234A,234B &234C vis-à-vis section 156 of the Act there is no direction in the assessment order to levy interest thus there is no substantial question of law arose from the order of the tribu

Held by the Hon'ble court that the firm dissolved and reconstituted was merely a change in constitution of the firm u/s 187 and not a case of succession u/s188. Hence,only one assessment had to be made.

Held by Hon"ble court that provisions of section 142(2A) do not require the assessing officer to issue show cause notice or grant any hearing to the assessee before passing an order u/s 142(A).

Held by Hon"ble court that the money collected by assesse from each customer against bottles sold could not be treated as income of the assessee, as the assessee was under an obligation to return the money subject to fulfillment of certain conditions

Held by hon"ble court that tin shed could not be considered as a residential house as it did not have any boundary wall, kitchen etc.Also it didn"t have any electricity or water connectioin. As such assessee was not entitled to exemption on sale of t

Held by hon"ble court that Sec.179 clearly requires that before initiating recovery actions against directors, it is necessary to establish that such recovery could not be made against the company.