-
ITAT - The estimated opinion formed by the AO can only be interfered by CIT, if it is established on record that such an opinion was formed by the AO on misinterpretation or misconstruction of facts or based on extraneous reasons.
Shri Isharbhai Chotabhai Patel Vs. CIT
(2015) TaxCorp(LJ) 8644 (ITAT-AHMEDABAD)
-
ITAT - Addition made on basis of witness statements, without giving assessee an opportunity to cross examine the witness and without collaborating other independent evidence is not sustainable in law.
Shri Ashokkumar Bhailal vs. Income Tax Officer
(2015) TaxCorp(LJ) 8507 (ITAT-AHMEDABAD)
-
ITAT - Since the sole reason based on which reassessment was initiated stands deleted, re-assessment based on issues not forming subject matter of re-assessment notice to be quashed. Explanation 3 to Sec 147, inserted by Finance (No.2) Act, 2009, empowering AO to make additions for issues not covered by Sec 148 notice, was only prospective in nature.
Sabic Research & Technology Pvt. Ltd. vs. ITO
(2015) TaxCorp(LJ) 8466 (ITAT-AHMEDABAD) · Section. 147
-
ITAT - No TDS u/s 194H on sale of pre-paid vouchers / sim-cards by assessee (a telecom operator) to its distributors.
Vodafone Essar Gujarat Limited vs. ACIT TDS Circle
(2015) TaxCorp(LJ) 7156 (ITAT-AHMEDABAD)
-
ITAT - ‘On money’ received by assessee did not have the character of income but was only an advance. Sale consideration is taxable in the year in which sale transaction completes either on handing over the possession of the flats or on execution of transfer deed whichever happens earlier.
DCIT. vs. Ohm Developers
(2015) TaxCorp(LJ) 7155 (ITAT-AHMEDABAD)
-
ITAT - Transfer Pricing: Even if the loan to the 100% subsidiary is intended to be a long term investment in the subsidiary and it has a crucial role to play in the assessee's business plans, it cannot be treated as "quasi capital". The ALP of the loan has to be determined on the basis of LIBOR interest
Soma Textile & Industries Limited vs. ACIT
(2015) TaxCorp(LJ) 7143 (ITAT-AHMEDABAD)
-
ITAT - For claiming deduction u/s 80IB, one needs to evaluate whether assessee had undertaken “entrepreneurship risk” in project execution. Assumption of such an entrepreneurship risk not dependent on land’s ownership.
Umeya Corporation vs. ITO
(2015) TaxCorp(LJ) 7134 (ITAT-AHMEDABAD) · Section. 80IB(10)
-
ITAT - To be the "developer" u/s 80-IB(10) of a housing project, the assessee has to undertake the entrepreneurship risk in execution of the project. He need not be the owner of the land.
Shri Umeya Corporation vs. ITO
(2015) TaxCorp(LJ) 7124 (ITAT-AHMEDABAD) · Section 80-IB(10)
-
ITAT - Conversion of outstanding interest into a loan does not constitute "actual payment" of the interest so as to qualify for disallowance u/s u/s 43B(e).
DCIT vs. Jyoti Ltd
(2015) TaxCorp(LJ) 7026 (ITAT-AHMEDABAD) · Section 43B(e)
-
ITAT - Set-off of business loss pertaining to AY 1997-98 against profits for AY 2004-05 allowed as there was no change in beneficial ownership u/s 79.
GE India Industrial Private Limited vs. DCIT
(2015) TaxCorp(LJ) 6980 (ITAT-AHMEDABAD) · Section. 79
-
ITAT - If there is no dress code and the employees are free to wear any dress then exemption u/s 10(14) shall be granted in respect of uniform allowance paid to employees.
Facets Polishing Works (P.) Ltd. v. Income-tax Officer, TDS -1, Surat
(2015) TaxCorp(LJ) 6977 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=41407&Category=ITAT&CategoryType=Zip
-
ITAT - “Goodwill” is an asset under Explanation 3(b) to section 32 (1) and depreciation on Goodwill is allowed.
M/s. Sujag Fine Chemicals Pvt. Ltd. vs ITO
(2015) TaxCorp(LJ) 6954 (ITAT-AHMEDABAD)
-
ITAT - Rectification permissible based on subsequent SC ruling.
Dashrathbhai V. Patel and Ors. vs. DCIT
(2015) TaxCorp(LJ) 6867 (ITAT-AHMEDABAD)
-
ITAT - The transaction of transfer of property would relate to the date when the sale-deed was executed, sale consideration was paid and possession was handed over but not on date when document was presented before the Registrar for registration of the sale-deed.
Amitkumar Ambalal Shah v. Income-tax Officer, Ward-10 (2), Ahmedabad
(2015) TaxCorp(LJ) 6827 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=38500&Category=ITAT&CategoryType=Zip
-
ITAT - 'On-Money' received by a builder on sale of flats held as stock-in-trade is taxable only in the year of sale of the flats and not in the year of offer/ disclosure. Unless the title of the assessee was extinguished, the title of the purchaser could not arise. Both could not be the exclusive owners of the same property at the same time.
DCIT vs. Ohm Developers
(2015) TaxCorp(LJ) 6793 (ITAT-AHMEDABAD)
-
ITAT - The revisionary power enshrined in section 263 of the Act is to be exercised sparingly and in a rare care.
Sintex Industries Ltd Vs The CIT-IV
(2015) TaxCorp(LJ) 6782 (ITAT-AHMEDABAD) · Section 263
-
ITAT - No TDS u/s 194C on payments made to NR shipping Companies or its agents
Income Tax Officer, Ward-1(2), Ahmedabad v. Anchor Cagrolines (P.) Ltd.
(2015) TaxCorp(LJ) 6769 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=40825&Category=ITAT&CategoryType=Zip
-
ITAT - No section 80P relief on interest earned by co-operative society on idle funds kept with bank.
State Bank of India Employees Co-Op. Credit & Supply Society Ltd. v. Commissioner of Income-tax, Ahmedabad-1
(2015) TaxCorp(LJ) 6768 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=40197&Category=ITAT&CategoryType=Zip
-
ITAT - When the fact of embezzlement is not accepted by the AO, there cannot be any occasion to make substantive assessment and protective assessment in respect of such an embezzlement income. “Protective addition” permissible only when income certainty established.
ITO. Vs. Ketan B Thakkar
(2015) TaxCorp(LJ) 6671 (ITAT-AHMEDABAD)
-
ITAT - Disclosure of income during search operation would get immunised from the levy of penalty.
Ehasan Haji Amin Gadawala Versus As STT Commissioner of Income Tax
(2015) TaxCorp(LJ) 6545 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=40599&Category=ITAT&CategoryType=Zip
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.