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The circulars sought to be relied on by the Appellant virtually refer to the power of the Assessing Authority or such other higher authorities of the Department and not the power of the Appellate Authority/Quasi- Judicial Authority deciding the merit of the appeal/I.A. for stay.
Amolak Singh Bhatia Vs Principal Commissioner of Income Tax (Central)
(2019) TaxCorp(LJ) 20657 (HC-CHHATTISGARH)
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The limitation of six years under Section 149, must be alive on the date of passing of the order of CIT (A). In the present case since, as on 05.10.2011, the time limit for reopening of assessment for A.Y. 2009-10 had not lapsed, the order of the ITAT was well within the limitation.
INTEC CORPORATION Vs THE ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 31(1)
(2019) TaxCorp(LJ) 20651 (HC-DELHI) · Section 150
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The SC decision in Sovereign Securities Pvt Ltd relied upon by the Revenue was not applicable to the assessee's case since in that case the AO had held that the conditions of Sec.36(1)(vii) r.w.s. 36(2) of the Act were not satisfied, which was not the case of the assessee.
Alcatel Lucent Managed Solutions India Vs DCIT
(2019) TaxCorp(LJ) 20650 (ITAT-MUMBAI)
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Rules of procedure have been construed to be the handmaiden of justice. The purpose of assessment proceedings is to assess the tax liability of an assessee correctly in accordance with law.
DALMIA POWER LIMITED & ANR Vs THE ASSISTANT COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 20646 (SC) · Section 139(5)
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The payment in the present case is online and the credit to the Government's account is instant. The Central Government Account (Receipts and Payments) Rules, 1983 do not apply to payments online but are applicable to payments made by cheques.
M/s. Moody’s Analytics Knowledge Services (India) Private Limited Vs Income Tax Officer (TDS)
(2019) TaxCorp(LJ) 20645 (ITAT-BANGALORE) · Section 201(1A)
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Assessee would be entitled to the benefit of exemption under Section 194A(3)(v).
The Chirayinkeezhu Service Co-Operative Bank Limited and others Vs Principal Chief Commissioner of Income Tax
(2019) TaxCorp(LJ) 20638 (HC-KERALA) · Section 194A(3)(iii)(a)
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ITAT is directed to advert to the written submissions filed by the petitioner at the time of final adjudication of the pending appeal, including additional ground permitted to be raised before it.
PR. COMMISSIONER OF INCOME TAX Vs MARIJTI SUZUKI INDIA LTD
(2019) TaxCorp(LJ) 20637 (HC-DELHI)
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Pr. CIT could not set aside the order for alleged non-compliance with provision of law which no longer existed in the statute as on the date of order.
Eveready Industries India Ltd Vs Principal Commissioner of Income-tax
(2019) TaxCorp(LJ) 20636 (ITAT-KOLKATA) · Sections 263, 40A(2)(b)
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Since, the basic facts are not disputed and the assessee gained from its capital rights, as pleaded by the assessee, the gain which arose out of the transaction is assessable under the head long term capital gains only.
Shri Narayan Agarwal Vs Assistant Commissioner of Income Tax
(2019) TaxCorp(LJ) 20635 (ITAT-CHENNAI) · Section 54
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ITAT - The unintentional lapse on the part of a litigant should not normally cause the doors of the judicature permanently closed before him.
Krishan Kumar Amla Vs Asst. CIT
(2019) TaxCorp(LJ) 20625 (ITAT-AMRITSAR)
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ITAT - Benefit of sec.54F before its amendment vide Finance Act, 2014 w.e.f 01.04.2015 can be extended to a residential house purchased outside India.
Shri Harvinder Singh Vs The ACIT
(2019) TaxCorp(LJ) 20624 (ITAT-DELHI) · Section 54F
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ITAT - No TDS u/s 194H on margin allowed to stockists pursuant to goods sold to the stockists on principal to principal basis.
PFIZER Ltd Vs DCIT
(2019) TaxCorp(LJ) 20623 (ITAT-MUMBAI) · Section 194H
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ITAT - Wherever the assessee failed to rebut the factual position on the basis of which addition was made, the levy of penalty u/s.271(1) (c) was justified even though AO had not struck off the relevant limb in the show cause notice.
Muthukumaran Rangarajan Vs The Income Tax officer
(2019) TaxCorp(LJ) 20622 (ITAT-CHENNAI)
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ITAT - Since assessee did not challenge validity of revision order u/s. 263 during revision proceedings with malafide intent, Sec.263 order validity challenge before Tribunal not maintainable.
ACC Limited Vs ACIT
(2019) TaxCorp(LJ) 20621 (ITAT-MUMBAI) · Section 263
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ITAT - Cranes are to be treated as motor vehicles and eligible for depreciation at higher rate.
Akbar Qureshi Vs ITO
(2019) TaxCorp(LJ) 20620 (ITAT-DELHI)
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ITAT - Demand raised u/s. 201(1) and 201(1A) for non-deduction of TDS on LTA reimbursement on employees' foreign travel is sustainable.
State Bank of India Vs The ITO
(2019) TaxCorp(LJ) 20619 (ITAT-AHMEDABAD)
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HC - If the order forming the basis for reopening u/s. 148 is upheld by HC then Revenue shall be entitled to revive its proceedings pursuant to notice u/s. 148.
CENTURY METAL RECYCLING PVT. LTD Vs PR. COMMISSIONER OF INCOME TAX- 2
(2019) TaxCorp(LJ) 20618 (HC-DELHI)
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HC - SCN under the Amended Benami Act, 2016 could not have been issued for alleged offences committed in 2011.
Ganpati Dealcom Pvt. Ltd Vs Union of India & Anr.
(2019) TaxCorp(LJ) 20617 (HC-CALCUTTA)
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SC - No TDS u/s 194H on Prasar Bharati's commission payments to advertising agencies.
Prasar Bharati Vs Commissioner of Income Tax
(2019) TaxCorp(LJ) 20616 (SC) · Section 194H
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ITAT - Interest earned from funds temporarily parked in FDRs out of borrowed funds is capital in nature since it is inextricably linked with the setting up of assessee's hotel.
Income-tax Officer Vs Triumph Realty Pvt. Ltd.
(2019) TaxCorp(LJ) 20611 (ITAT-DELHI)
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