-
HC - The Tribunal has power to extend the stay even after the substituted third proviso to subsection 2A to Section 254 of the Act was introduced.
CIT vs Tata Teleservices (Maharashtra) Ltd
(2015) TaxCorp(LJ) 9746 (HC-BOMBAY)
-
SC - SLP Dismissed - HC had held that rental income derived from leasing of commercial property was taxable as 'income from house property'.
Keyaram Hotels P. Ltd. vs. DCIT
(2015) TaxCorp(LJ) 9745 (SC)
-
S. 10A: Even undisclosed income surrendered by assessee is eligible for s. 10A exemption if dept does not show that the assessee has any other source
Bridal Jewellery Mfg. Co vs. ITO
(2015) TaxCorp(LJ) 9741 (ITAT-DELHI) · Section 10A
-
HC - No TDS u/s 195 on commission payments to non-resident agents in respect of sales made outside India.
CIT vs. Gujarat Reclaim & Rubber Products Ltd.
(2015) TaxCorp(LJ) 9735 (HC-BOMBAY)
-
HC - Since no adverse information was received subsequently from FTD about donations, hence, AO's action of reassessment amounts to 'change of opinion'. Re-assessment based on AO's office-note invalid.
Kulbhushan Khosla vs. CIT
(2015) TaxCorp(LJ) 9734 (HC-DELHI)
-
ITAT - Distribution of samples of medicines to the physicians free of cost is allowable u/s 37(1). CBDT Circular No. 5/2012 not applicable.
ACIT vs. Dupen Laboratories Pvt. Ltd.
(2015) TaxCorp(LJ) 9733 (ITAT-MUMBAI)
-
ITAT - AO had conducted necessary enquiries into various aspects of share-purchase transactions before forming an opinion, therefore not prejudicial to Revenue.
Instant Holdings Ltd. vs. Pr. CIT
(2015) TaxCorp(LJ) 9732 (ITAT-MUMBAI) · Section 263
-
Transfer Pricing: An adjustment with respect to transfer pricing has to be confined to transactions with Associated Enterprises and cannot be made with respect to transactions with unrelated third parties
CIT v. Thyssen Krupp
(2015) TaxCorp(LJ) 9731 (HC-BOMBAY)
-
Thought there is a difference between leasehold right and ownership right as per the Transfer of Property Act, a leasehold land in the possession of the assessee for a term of 95 years is "belonging" to the assessee and is liable for wealth-tax
Jaya Hind Sciaky v. DCIT
(2015) TaxCorp(LJ) 9730 (HC-BOMBAY)
-
Commission earned by a non-resident agent who carried on business of selling Indian goods outside India cannot be said have deemed to be income which has accrued and/or arisen in India. Circular No. 23 of 1969 & Circular No.786 of 2000 were withdrawn on 22.10.2009. The withdrawal of a Circular cannot have retrospective operation
CIT v. Gujarat Reclaim & Rubber Products
(2015) TaxCorp(LJ) 9729 (HC-BOMBAY)
-
S. 195/ 40(a)(ia): In view of retrospective amendment to s. 195 to provide that s. 195 applies whether or not the non-resident person has a residence or place of business or business connection in India, commission to non-resident agents for services rendered outside India is liable for TDS u/s 195 and has to suffer disallowance u/s 40(a)(ia)
Sesa Resources v. ACIT
(2015) TaxCorp(LJ) 9728 (ITAT-PANAJI) · Sections 195, 40(a)(ia)
-
ITAT - Finance (No. 2) Act, 2009 amendment inserting Sec 201(3)/(4) w.e.f April 1, 2010 prescribing time limit for initiation/completion of Sec 201 proceedings is only curative in nature.
Vodafone Digilink Ltd vs ITO
(2015) TaxCorp(LJ) 9727 (ITAT-JAIPUR) · Section 201
-
ITAT - No TDS to be deducted from sale proceeds of land payable to non-resident.
ITO vs. Santur Developers P. Ltd
(2015) TaxCorp(LJ) 9726 (ITAT-DELHI) · Section 195
-
ITAT - Rent received under contractual obligation is advance, and not taxable as ‘income from other sources’.
ITO vs. Pennar Trading Pvt. Ltd
(2015) TaxCorp(LJ) 9725 (ITAT-KOLKATA)
-
HC - Rule 6DD(j) specifying the circumstances in which the proviso to section 40A(3) is applicable is not exhaustive but only illustrative.
Gurdas Garg vs. CIT (A)
(2015) TaxCorp(LJ) 9718 (HC-P&H) · Section 40A(3)
-
ITAT - Subsequent pronouncement by a Court or a Superior Court cannot entitle Revenue to reopen assessment proceedings.
ACIT vs. HRS Seismic Services Ltd.
(2015) TaxCorp(LJ) 9717 (ITAT-DELHI) · Section 147
-
HC - In absence of opportunity of cross-examination, no addition can be made on the basis of third party statement.
Commissioner of Income-tax v. Sunil Aggarwal
(2015) TaxCorp(LJ) 9716 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=62227&Category=Judgment&CategoryType=Zip
-
S. 268A: In view of CBDT's Circular no. 21/ 2015 dated 10.12.2015 appeals of the department where the monetary limit does not exceed Rs. 10 lakh have to be dismissed as a legal nullity. CBDT's decision termed as "paradigm shift", "unprecedented" and "possibly a game changing initiative heralding a new era in thoughtful litigation management"
DCIT vs. Soma Textiles & Industries Ltd
(2015) TaxCorp(LJ) 9700 (ITAT-AHMEDABAD) · Section 268A
-
SC - Interest earned on share-application money is taxable only post allotment of shares and not on receipt of application money.
CIT vs. Henkel Spic India Ltd.
(2015) TaxCorp(LJ) 9675 (SC)
-
SC - Section 41 not applicable on pre-mature payment of deferred sales tax liability under the incentive scheme.
CIT vs. SI Group India Ltd.
(2015) TaxCorp(LJ) 9674 (SC) · Section 41
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.