II. Useful Case Laws:
[Contribution by CA Piyush Kaushik and contributor is available at piyushkaushik@rediffmail.com ]
1. CIT Vs. M/s Great City Manufacturing Co., ITA No. 461/2009, Date of order: 10-12-2012, High Court of Allahabad
If the remuneration to any partner in case of a partnership firm is within the ceiling limit of sec 40(b) then Assessing Officer cannot invoke section 40A(2)(a) to disallow part of remuneration as excessive;
(Please click here for judgment)
2. CIT Vs. Amit Jain, ITA No. 683/2012, Date of order: 21-12-2012, High Court of Delhi
Income from
dealing in shares claimed as a capital gain though assessed by the
Assessing Officer as a business income – cannot amount to furnishing of
inaccurate particulars so as to attract sec 271(1)(c) penalty.
(Please click here for judgment)
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