-
ITAT - Capital gain u/s 50C - Where the date of the agreement fixing the amount of consideration and the date of registration regarding transfer of the capital asset in question are not the same, the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement is to be taken for the purpose of full value of consideration.
Hansaben Bhaulabhai Prajapati Versus Income Tax Officer, Ward 3 (2) (2), Ahmedabad
(2017) TaxCorp(LJ) 13789 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=59785&Category=ITAT&CategoryType=Zip
-
ITAT - Where assessee followed cash system of accounting and claimed TDS this year but income for the same has not been taken in gross receipts, credit of TDS allowed.
Chandra Shekhar Aggarwal Versus ACIT, Circle-61 (1), New Delhi
(2017) TaxCorp(LJ) 13788 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59789&Category=ITAT&CategoryType=Zip
-
HC - No Revision u/s 264 in case of non furnishing of books of account and other relevant material.
Shri Sanjay Kundu Versus Commissioner of Income Tax, Rohtak
(2017) TaxCorp(LJ) 13787 (HC-P&H) · http://taxcorp.in/FileOpenDT.aspx?ID=70258&Category=Judgment&CategoryType=Zip
-
HC - No denial of deduction u/s 80-IC since AO’s conclusion that the profits were “more than ordinary” was based on surmises and conjectures.
Pr. Commissioner of Income Tax, Delhi-12 Versus Kuljeet Singh Kochar
(2017) TaxCorp(LJ) 13786 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70259&Category=Judgment&CategoryType=Zip
-
HC - While determining remuneration to partners u/s 40(b), interest income earned on the FDR of surplus funds cannot be considered as part of the income of the business.
Commissioner of Income Tax, Kota Versus M/s Allen Career Institute
(2017) TaxCorp(LJ) 13785 (HC-RAJASTHAN) · http://taxcorp.in/FileOpenDT.aspx?ID=70261&Category=Judgment&CategoryType=Zip
-
ITAT - Interest u/s 234B/C is payable in respect of tax payable under MAT provisions.
Surya Roshni Ltd. Vs. DCIT
(2017) TaxCorp(LJ) 13784 (ITAT-DELHI) · Section. 234B/C
-
ITAT - Re-opening not valid as supply of an extract of the ‘reasons to believe’ would not suffice the statutory obligation of making available the reasons to the assessee.
Ashik Ali Husain Ali Unwala Vs. ITO
(2017) TaxCorp(LJ) 13783 (ITAT-MUMBAI)
-
HC - No Sec. 40(A)(3) disallowance in respect of cash purchases from individual agriculturist below prescribed-limit of Rs. 20,000.
Keerthi Agro Mills Vs. CIT
(2017) TaxCorp(LJ) 13782 (HC-KERALA) · Section. 40(A)(3)
-
HC - Strikes down ICDS I, II, III, VI, VII, Part A of ICDS VIII as ultra vires of the Act as well as contrary to settled position of law laid down by Supreme Court.
Chamber of Tax Consultants Vs. Union Of India & Ors.
(2017) TaxCorp(LJ) 13781 (HC-DELHI)
-
ITAT - Amount received for transfer of customers and business leads is to be taxed as 'business receipts' and not as 'slump sale' u/s. 50B.
L & T Finance Ltd. Vs. DCIT
(2017) TaxCorp(LJ) 13780 (ITAT-MUMBAI)
-
ITAT - Where clear work demarcation exists, Consortium not taxable as AOP.
Vitkovice Machinery AS. DCIT
(2017) TaxCorp(LJ) 13779 (ITAT-MUMBAI)
-
S. 68: In the absence of any direct evidence demonstrating that the assessee received cash payment, no addition can be made merely on presumption and surmises and on estimate basis. For making the addition on account of cash component, it is the duty of the AO to bring on record corroborative evidence to establish the fact that the entries made in the seized document were correct
ACIT. vs. Katrina (Kaif) Rosemary Turcotte
(2017) TaxCorp(LJ) 13778 (ITAT-MUMBAI) · Section. 68
-
Bogus capital gains from penny stocks: If the DMAT account and contract note show details of the share transactions and the AO has not proved the transactions to be bogus, the capital gains earned on the said transactions cannot be treated as unaccounted income u/s 68. The fact that the broker was tainted and violated SEBI regulations would not make assessee’s transactions bogus
ITO. vs. Arvind Kumar Jain HUF
(2017) TaxCorp(LJ) 13777 (ITAT-MUMBAI)
-
HC - TPA - Any inclusion or exclusion of comparables perse cannot be treated as a question of law unless the same is demonstrated to the Court that the Tribunal or any other lower authority took into account irrelevant consideration or excluded relevant factors in the ALP determination that impact significantly.
The Pr. Commissioner of Income Tax -9 Versus WSP Consultants India Pvt. Ltd.
(2017) TaxCorp(LJ) 13776 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70248&Category=Judgment&CategoryType=Zip
-
HC - No addition can be made solely on the basis of a retracted statement made during the survey operation, more so, when proper justification for retraction was also offered.
Pr. Commisisoner of Income Tax-2 Versus Parshwa Enterprises
(2017) TaxCorp(LJ) 13775 (HC-GUJARAT) · http://taxcorp.in/FileOpenDT.aspx?ID=70244&Category=Judgment&CategoryType=Zip
-
ITAT - Benefit of Article 8 of the India–Germany DTAA available in respect of the revenue earned from the feeder vessels obtained on slot hire arrangements.
Hapag –Lloyd AG Versus DCIT (IT), 2 (2) (2), Mumbai
(2017) TaxCorp(LJ) 13774 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=59725&Category=ITAT&CategoryType=Zip
-
ITAT - No addition u/s 40A(2)(b) in respect of license fee, programme amortization-payment, as AO has failed to substantiate the allegation that assessee has extended unreasonable favour to its sister concern.
The ACIT-10 (3) (1), Mumbai Versus M/s Neo Sports Broadcast Pvt. Ltd.
(2017) TaxCorp(LJ) 13773 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=59722&Category=ITAT&CategoryType=Zip
-
ITAT - Since company was not vested with the legal ownership of the vehicle, but then, it remained the beneficial owner of the same, entitled towards the claim of depreciation.
Pan Oleo Enterprises Pvt. Ltd. Versus The Asst. Commissioner of Income-tax 10 (3) (2), Mumbai
(2017) TaxCorp(LJ) 13772 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=59716&Category=ITAT&CategoryType=Zip
-
ITAT - Consortium was not taxable as AOP since there was a clear demarcation in the work and cost between the consortium members and the contract provided for consideration to be paid member-wise as well as component-wise. The contract was clearly divisible.
Vitkovice Machinery AS Vs. DCIT
(2017) TaxCorp(LJ) 13771 (ITAT-MUMBAI)
-
ITAT - No additions towards alleged on money received by the assessee for sale of property based on third party statement.
M/s Riveria Properties Pvt Ltd. Versus ITO, Cir. 7 (2) (1) , Mumbai
(2017) TaxCorp(LJ) 13770 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=59703&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.