Direct Tax landmark rulings

1. ITAT Delhi · 31 Mar 2016
   S. 271(1)(c): No penalty leviable on bonafide human error committed while filing return of income

   B. L. International vs. ACIT

   (2016) TaxCorp(LJ) 10062 (ITAT-DELHI) · Section 271(1)(c)

2. Kerala High Court · 01 Apr 2016
   HC - Revenue’s appeal dismissed in view of CBDT circular no. 21/2015 (Department's appeal before High Courts shall not be filed in cases where tax effect does not exceed monetary limit of Rs. 20 lakhs).

   CIT. vs. Lakshmikutty Narayanan

   (2016) TaxCorp(LJ) 10061 (HC-KERALA)

3. Karnataka High Court · 01 Apr 2016
   HC - Simply because the AOP couldn’t be taxed is not a valid ground to tax assessee- member in respect of distribution of AOP’s properties on its dissolution.

   Pr. CIT. vs. IND Sing Developers P. Ltd.

   (2016) TaxCorp(LJ) 10060 (HC-KARNATAKA)

4. Calcutta High Court · 01 Apr 2016
   HC - Settlement Commission has no powers u/s 154 for levying Sec 234B interest.

   Poddar Industrial Corporation vs. Income Tax Settlement Commission

   (2016) TaxCorp(LJ) 10059 (HC-CALCUTTA) · Sections. 154, 234B

5. ITAT Mumbai · 29 Mar 2016
   Mutuality - TDR Premium

   Hatkesh Co-op. Hsg. Society Ltd vs. ACIT

   (2016) TaxCorp(LJ) 10058 (ITAT-MUMBAI)

6. ITAT Mumbai · 30 Mar 2016
   Bogus Purchases: Theory that transaction "defies human probabilities" cannot be applied to purchases in isolation but has to be applied to the entire transaction in the light of documentary evidence produced by the assessee

   M/s. Maruti Impex vs. JCIT

   (2016) TaxCorp(LJ) 10057 (ITAT-MUMBAI)

7. ITAT Delhi · 31 Mar 2016
   ITAT - CUP is preferred over entity-TNMM for royalty benchmarking.

   JCB India Ltd. Vs. DCIT

   (2016) TaxCorp(LJ) 10056 (ITAT-DELHI) · Section. 37

8. Supreme Court · 31 Mar 2016
   SC - 3.5% of FOB value received as service charge from export houses is available for sec. 80HHC deduction for AY 1994-95.

   Southern Sea Foods vs. JCIT

   (2016) TaxCorp(LJ) 10055 (SC) · Section. 80HHC

9. Delhi High Court · 31 Mar 2016
   HC - CIT u/s 264 has revisionary powers to give relief to the assessee in a case where the assessee detracts mistakes because of which he was over-assessed.

   Vijay Gupta vs. CIT

   (2016) TaxCorp(LJ) 10054 (HC-DELHI) · Section. 264

10. Supreme Court · 30 Mar 2016
    SC - No TDS u/s 194J on transaction charges paid by stock exchange members to BSE as it does not qualify as 'fees for technical services'.

    Kotak Securities Ltd. vs. CIT

    (2016) TaxCorp(LJ) 10053 (SC)

11. ITAT Amritsar · 30 Mar 2016
    ITAT - Assessment order passed in violation of CBDT instruction dated September 8, 2010 is not valid.

    Gurpreet Kaur vs. ITO

    (2016) TaxCorp(LJ) 10052 (ITAT-AMRITSAR)

12. Delhi High Court · 30 Mar 2016
    HC - Even if no direction was issued by the DRP under Section 144C (5) of the Act, the fact that the DRP held that both the Petitioners were not ‘eligible Assessees’ could not have been ignored by the AO.

    ESPN Star Sports Mauritius S.N.C. ET Compagnie Vs The Union of India & ANR (now known as ESS Advertising (Mauritius) S.N.C et Co.

    (2016) TaxCorp(LJ) 10051 (HC-DELHI)

13. Delhi High Court · 30 Mar 2016
    HC - It would not be open for AO to subsequently hold that Assessee had failed to truly and fully disclose all material facts and reopen the assessment on the basis that he should have estimated PE income by adopting a different method.

    BBC Worldwide Limited vs. ADIT

    (2016) TaxCorp(LJ) 10050 (HC-DELHI)

14. Kerala High Court · 29 Mar 2016
    HC - Appeal dismissed in view of CBDT circular no. 21/2015 (Department's appeal before High Courts shall not be filed in cases where tax effect does not exceed monetary limit of Rs. 20 lakhs)

    CIT. Vs. Lakshmikutty Narayanan

    (2016) TaxCorp(LJ) 10049 (HC-KERALA)

15. ITAT Kolkata · 29 Mar 2016
    ITAT - Though Tribunal in first round did not use the words ‘set-aside’ or ‘cancel’ , it had effectively asked AO to make fresh exercise of assessment determining the total income. Time-barred assessment quashed u/s 153(2A).

    Sanjay Jaiswal Vs. DCIT

    (2016) TaxCorp(LJ) 10048 (ITAT-KOLKATA)

16. ITAT Mumbai · 29 Mar 2016
    ITAT - Advertising hoarding structures should be treated as ‘building’ eligible for depreciation @ 10%.

    Asian Advertising vs. ITO

    (2016) TaxCorp(LJ) 10047 (ITAT-MUMBAI)

17. Delhi High Court · 28 Mar 2016
    Section 147, reopening, reopening on factually erroneous premise, not permissible, change of opinion

    Dr. Ajit Gupta vs. ACIT

    (2016) TaxCorp(LJ) 10046 (HC-DELHI) · Section 147

18. ITAT Mumbai · 28 Mar 2016
    An addition on account of bogus purchases cannot be made only on the basis of information received from the MVAT department.

    Imperial Imp & Exp vs. ITO

    (2016) TaxCorp(LJ) 10045 (ITAT-MUMBAI)

19. ITAT Ahmedabad · 28 Mar 2016
    An order of revision passed on a non-existing entity, even though the power of attorney and the adjournment and the reply to show cause notice was signed by the erstwhile company, is invalid. The Tribunal held that the case of estoppel relied on by the department cannot be applied to instant case as assessee did not behave in a notorious way to mislead the department. Taking cognizance of the intimation filed by the assessee to the jurisdictional AO that the company is not is existence, during the assessment proceedings, of the intervening assessment years, and there being no provision in law to intimate the CIT regarding the facts of merger, the ITAT held the order to be invalid.

    Milestone Tradelinks P.Ltd vs. ITO

    (2016) TaxCorp(LJ) 10044 (ITAT-AHMEDABAD)

20. ITAT Delhi · 28 Mar 2016
    Reopening u/s 147 without application of mind is not valid

    Suresh M Bajaj vs. ITO

    (2016) TaxCorp(LJ) 10043 (ITAT-DELHI) · Section 147

Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.