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ITAT Members' Appointment: The action of the Selection Committee of short-listing only 24 candidates for interview out of 649 applications is not violative of Article 14. The criteria of short-listing Advocates in practice for at least 20 years and with income of not less than Rs. 1.40 lakh for post of Judicial Member is rational and reasonable and not arbitrary
Puneet Sharma vs. UOI
(2019) TaxCorp(LJ) 19289 (HC-DELHI)
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Benami Transactions: While considering whether a particular transaction is benami, the intention of the person who contributed the purchase money is determinative. The intention has to be decided on the basis of surrounding circumstances; relationship of parties; motives governing their action in bringing about the transaction and subsequent conduct. The payment of part sale consideration & stamp duty cannot be the sole criteria to hold the sale/transaction as benami
Mangathai Ammal vs. Rajeswari
(2019) TaxCorp(LJ) 19288 (SC)
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The delay in getting the accounts audited as per the provisions of Sec. 44AB was due to the reasons as explained by the assessee which were beyond the control of the assessee being a State Government Undertaking.
Rajasthan State Mines & Minerals Limited Vs The ACIT
(2019) TaxCorp(LJ) 19282 (ITAT-JAIPUR) · Section 44AB
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There is no provision in the Act to allow filing of miscellaneous Application (MA) against an order passed by the ITAT in miscellaneous Application filed by assesse.
Mercedes Benz Education Academy Vs The Income Tax Officer, Ward 11(1)
(2019) TaxCorp(LJ) 19281 (ITAT-PUNE)
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when the provisions of the Sec.2(15) are read with regard to the activities of the assessee it can be said that either by the aims and objective or by the conduct or implementation of the objective of the Trust, it did not qualify for registration u/s 12AA and that the Trust is running with a primary objective of earning the profits.
Jiwan Dass Kartar Singh Charitable Trust Vs The CIT(E)
(2019) TaxCorp(LJ) 19280 (ITAT-CHANDIGARH) · Section 12AA
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Since the requisite approval for the project on which expenditure was incurred by the Assessee was approved for the period prior and even subsequent to concerned AY. The said condition of approval stood substantially complied with.
TVS Electronics Limited Vs Commissioner of Income Tax
(2019) TaxCorp(LJ) 19279 (HC-MADRAS) · Section 35(2AB)
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The power to make Rules or remove difficulties under the provisions of Sections 85 and 86 of the said Act, could only be exercised by the Central Government, once the said Act came into force on the 1st April, 2016, the date expressly stipulated by Parliament in this behalf, and not prior thereto.
Gautam Khaitan Vs Union of India & Ors
(2019) TaxCorp(LJ) 19278 (HC-DELHI)
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The ITAT has rightly drawn a distinction between the royalty payments made by the Assessee to the principal during its formative years and those made in subsequent years when the Assessee was fully operational.
Honda Cars India Ltd Vs THE COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 19277 (HC-DELHI)
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Time taken by the assessee for in pursuing the remedy before HC would stand excluded while computing the time limit for passing the order by Settlement Commission.
AKSHAR BUILDERS Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)
(2019) TaxCorp(LJ) 19276 (HC-GUJARAT)
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Once the NAV method has been accepted, what has to be determined is the valuation of the preference shares based on net asset value as on the date of issue of such preference shares. The valuation date thus has to be the date of issuance of preference shares and not as per the last balance sheet date as has been adopted currently.
Ginni Global Private Limited Vs The ACIT
(2019) TaxCorp(LJ) 19270 (ITAT-JAIPUR) · Section 56(2) (viib)
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Only because an alternative remedy is not provided and the assessee was compelled to file a writ petition, the Revenue cannot take advantage of it.
Sri Dinakar Ullal Vs The CIT
(2019) TaxCorp(LJ) 19263 (HC-KARNATAKA)
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The online filing of appeal was newly introduced during the year under consideration because of which the assessee had faced difficulty in uploading the appeal electronically in the system.
Atul Ltd Vs THE DCIT
(2019) TaxCorp(LJ) 19262 (ITAT-AHMEDABAD)
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If the additional capacity set up is a complete facility in itself, from the first to the last stage of production, i.e., input to output, with no dependence on any process capacities of the existing unit, it is a new Unit.
Komal Paper Mills Vs Asstt. Commissioner of Income Tax
(2019) TaxCorp(LJ) 19261 (ITAT-AMRITSAR) · Section 80-IB
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SC - SLP Dismissed - HC had quashed block-assessment u/s. 158BC, on the ground that no formal notice u/s.143(2) was issued to assessee.
PR. COMMISSIONER OF INCOME TAX 3 Vs DEVENDRANATH G. CHATURVEDI
(2019) TaxCorp(LJ) 19260 (SC) · Section 143(2)
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SC - Order denying extension of time-limit for installment payment under IDS, 2016 set aside.
Dal Chandra Rastogi Vs CENTRAL BOARD OF DIRECT TAXES & ANR.
(2019) TaxCorp(LJ) 19259 (SC)
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ITAT - Payment towards hiring charges of cranes cannot be brought within the sweep of the definition of the term “work” as envisaged in Sec. 194C.
M/S BHANGAL CONSTRUCTION CO. VERSUS ITO, WARD-1, PHAGWARA
(2019) TaxCorp(LJ) 19258 (ITAT-AMRITSAR) · https://taxcorp.in/FileOpenDT.aspx?ID=75107&Category=ITAT&CategoryType=Zip
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ITAT - Goodwill is an asset under Explanation 3(b) to section 32(1) and therefore depreciation is allowable on goodwill. Business undertaking acquired on a going concern basis and the goodwill acquired upon acquiring the business which is nothing but the difference between the consideration paid in excess of the book value of the assets is eligible for depreciation u/s 32(1)(ii).
M/S. VOLVO INDIA PVT. LTD. VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX (LTU), BANGALORE.
(2019) TaxCorp(LJ) 19257 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=75111&Category=ITAT&CategoryType=Zip
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ITAT - When the assessee has not been given copy of reasons recorded for issuance of notice u/s 148 by the AO, entire assessment proceedings and resultant assessment order passed u/s 143(3)/148 was to be quashed.
M/S. DS DOORS (INDIA) LTD. VERSUS ITO, WARD 1 (2), FARIDABAD.
(2019) TaxCorp(LJ) 19256 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=75113&Category=ITAT&CategoryType=Zip
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ITAT - Grant of exemption/approval u/s 10(23C)(vi) - Merely because the assessee printed certain aims and objects as per the requirement of Registrar of Societies would not make out a case for rejection of the application of assessee for approval under the above provision.
AGGARWAL SHIKSHA SAMITI VERSUS CHIEF COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHANDIGARH.
(2019) TaxCorp(LJ) 19255 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=75117&Category=ITAT&CategoryType=Zip
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HC - Transfer of case u/s 127(2)(a) - If the petitioner was really aggrieved by a one-line show-cause notice which did not indicate any reasons for the proposal; the petitioner could have given a one-line reply demanding the reasons to be furnished. If the Department had failed to furnish reasons even thereafter, but proceeded to pass orders, then the same would have been a clear violation of the procedure prescribed u/s 127 (2)(a).
M/S. SOMA ENTERPRISE LIMITED VERSUS THE PRINCIPAL COMMISSIONER OF INCOME TAX-3, HYDERABAD AND THE PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL -1, MUMBAI
(2019) TaxCorp(LJ) 19254 (HC-AP) · https://taxcorp.in/FileOpenDT.aspx?ID=78634&Category=Judgment&CategoryType=Zip
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