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Issue of allocation of corporate expenditure to units eligible for various tax holidays is not a debatable issue, and thus rectifiable under Section 154.
Dr.Reddy’s Laboratories Limited. Vs DCIT
(2022) TaxCorp(LJ) 29701 (ITAT-HYDERABAD)
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Assessee is unable to establish that there was any contract for actual delivery of goods and, therefore, the condition precedent u/s 43(5)(a) is not satisfied.
Agarwal Industries Pvt Ltd Vs Dy. Commissioner of Income-tax
(2022) TaxCorp(LJ) 29575 (ITAT-HYDERABAD)
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To make a claim u/s 80IA, assessee is simply required to file RoI u/s 139(1).
Delhi MSW Solutions Ltd Vs Dy.CIT
(2022) TaxCorp(LJ) 29573 (ITAT-HYDERABAD) · Section 80IA
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Assessee has not paid any amount or expressed any willingness to pay 20% of outstanding demand of taxes subject to which stay can be granted as per section amended proviso to Sec.254(2A).
Smt.Yashoda Gundavarapu R.R. Dt. Vs ITO
(2022) TaxCorp(LJ) 29570 (ITAT-HYDERABAD) · Section 254(2A)
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Foreign allowances received by assessee-individual in respect of services performed in Netherlands during AY 2014-15 cannot be taxed in India.
Venkata Rama Rao Vs ITO
(2022) TaxCorp(LJ) 29567 (ITAT-HYDERABAD) · Section 5(2)
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NFAC was not justified in sustaining the addition where, on basis of facts it was demonstrated that assessee had substantial cash sales throughout the year, and the cash sales leading to cash deposit was not just close to the demonetisation period.
Lateef Abdul Mohd. Vs Income Tax Officer
(2022) TaxCorp(LJ) 29421 (ITAT-HYDERABAD) · Section 69A
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No technical service element was involved in the process of surrogacy and thus Sec.194J was not attracted.
Kiran Infertility Central Private Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 29333 (ITAT-HYDERABAD) · Sections 40(a)(ia), 194C
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It cannot be held that only the assessee would have right to file the additional evidence and the same right is not available to the revenue.
Nuziveedu Seeds Ltd Vs Dy. Commissioner of Income-tax
(2022) TaxCorp(LJ) 29278 (ITAT-HYDERABAD)
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In the absence of any proof as to the waiver of interest by the bankers, addition on that score basing on assumptions cannot be maintained.
Hyderabad Educational Institutions Pvt. Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29261 (ITAT-HYDERABAD)
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AO is directed to allow exemption to assessee u/s 11 and delete the addition made on account of unaccounted FDs and disallowance made u/s 40(a)(ia).
Nalgonda Diocese Social Service Society Vs Income-tax Officer
(2022) TaxCorp(LJ) 29243 (ITAT-HYDERABAD) · Section 11
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The word remitted to or received in Article 24 have to be interpreted literally and By any stretch of reasoning, the word 'remitted' cannot be read as accrued for the purposes of Article 24.
PACC Container Line Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 29045 (ITAT-HYDERABAD)
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When there was a mistake, error or omission on part of the Tribunal, then it is the duty of Tribunal to set it right.
GVPR Engineers Ltd Vs The Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29043 (ITAT-HYDERABAD)
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It is evident that the CIT(E) while granting registration was satisfied about charitable nature of Assessee’s activities.
Jawaharlal Nehru Technological University Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 28993 (ITAT-HYDERABAD) · Section 12A
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Assessee would not be entitled to deduction of payment made in contravention of law or opposed to public policy or of unlawful nature.
Eyegear Optics India Pvt. Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28991 (ITAT-HYDERABAD) · Section 37
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An assessment is an integrated process not only involving computation of total income but also determination of the tax.
Caterpillar Global Mining Europe GMBH Vs Dy. Director of Income Tax, International Taxation-1
(2022) TaxCorp(LJ) 28744 (ITAT-HYDERABAD) · Section 144C
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The amended provisions of Sec. 2(14)(iii)(a) is applicable prospectively w.e.f AY 2014-15 which is not the subject AY.
Mangavalli Grandhi Vs Income Tax Officer
(2022) TaxCorp(LJ) 28670 (ITAT-HYDERABAD) · Section 2(14)(iii)(b)
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Non-obstante clause is generally incorporated in a statute to give overriding effect to a particular section of the statute as a whole.
THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 16 (1). VERSUS M/S. LABZONE ELECTRONICS CITY PRIVATE LIMITED (FORMERLY KNOWN AS M/S. ALEXANDRIA LABSPACE ELECTRONICS CITY PRIVATE LIMITED)
(2022) TaxCorp(LJ) 28500 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95881&Category=ITAT&CategoryType=Zip
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Mere fact of the impugned addition having been made on protective basis would hardly provide any relief to the assessee in light of the overwhelming factual possession supporting the Revenue’s case.
Nancy Divakar Hospital & Research Centre Private Limited Vs Joint Commissioner of Income Tax (OSD)
(2022) TaxCorp(LJ) 28466 (ITAT-HYDERABAD)
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A protective assessment is very much at par with the substantive one.
JOINT COMMISSIONER OF INCOME TAX (OSD) , CENTRAL CIRCLE-1 (2) HYDERABAD VERSUS M/S NANCY DIVAKAR HOSPITAL & RESEARCH CENTRE PRIVATE LIMITED
(2022) TaxCorp(LJ) 28440 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95736&Category=ITAT&CategoryType=Zip
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The legislative amendment made in section 263 by way of insertion of Explanation 2 in Finance Act, 2015 w.e.f. 01.06.2015 that an assessment order passed without making enquiry or verification is deemed to be an erroneous one in so far as it is prejudicial to the interest of Revenue.
SMT. VYJAYANTHI MUDAPAKA VERSUS INCOME TAX OFFICER, WARD 11 (1) HYDERABAD
(2022) TaxCorp(LJ) 28390 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95601&Category=ITAT&CategoryType=Zip
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