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ITAT - Mobilisation charges to be included in gross receipts for determining income under section 44BB(1) as it was incidental activity for carrying out contract.
Ensco Maritime Ltd. v. Assistant Director of Income-tax (International Taxation)
(2015) TaxCorp(LJ) 9208 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=38884&Category=ITAT&CategoryType=Zip
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HC - Rule 8 of Income-tax Rules, 1962 was to be applied in valuation of fringe benefits.
Apeejay Tea Ltd. v. Commissioner of Income-tax
(2015) TaxCorp(LJ) 9207 (HC-CALCUTTA) · http://taxcorp.in/FileOpenDT.aspx?ID=60377&Category=Judgment&CategoryType=Zip
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S. 263: Claim that notional interest on funds placed by the s. 10A eligible unit with the H.O. is allowable as a deduction to the H.O. and is exempt in the hands of the s. 10A unit is an “unsustainable view” justifying revision action
Thomson Press (India) Ltd. vs. CIT
(2015) TaxCorp(LJ) 9192 (HC-DELHI) · Section. 263
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S. 147: Reopening only on the basis of information received that the assessee has introduced unaccounted money in the form of accommodation entries without showing in what manner the AO applied independent mind to the information renders the reopening void
Pr. CIT. vs. G & G Pharma India Ltd.
(2015) TaxCorp(LJ) 9191 (HC-DELHI)
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HC - No TDS u/s 194LA on land acquired through ‘voluntary surrender’ by land-owners in lieu of development rights.
CIT. vs. Bruhat Bangalore Mahanagar Palike
(2015) TaxCorp(LJ) 9190 (HC-KARNATAKA)
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SC - Depreciation u/s 32 allowable on acquisition of trademarks, copyrights and know-how during AY 1995-96, as the same falls under the ambit of ‘plant’ definition u/s 43(3).
Mangalore Ganesh Beedi Works vs. CIT
(2015) TaxCorp(LJ) 9170 (SC)
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HC - As material facts were not disclosed in original return filed by assessee, reassessment proceedings for AY 2008-09 justified.
PVP Ventures Ltd. vs. ACIT
(2015) TaxCorp(LJ) 9169 (HC-MADRAS)
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HC - Reopening assessment on the basis of a judicial precedent (SC ruling) delivered more than eight years earlier is merely a 'change of opinion'. Reassessment not valid.
Coperion Ideal Private Limited vs. CIT
(2015) TaxCorp(LJ) 9168 (HC-DELHI)
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HC - Capital expenditure incurred for replacement of a computer system within a large network can be allowed as a business expenditure under section 36(1)(xi).
CIT. vs. Tata Tea Ltd.
(2015) TaxCorp(LJ) 9167 (HC-CALCUTTA) · Section. 36(1)(xi)
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HC - Civil application for providing IT returns of private parties under the Right to Information Act, 2005 dismissed.
Vinubhai Haribhai Patel (Malavia) Vs. Asst. CIT
(2015) TaxCorp(LJ) 9166 (HC-GUJARAT)
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SC - Petitioner-employee’s unexplained delay of over 5 years in filing writ petition upon State Government order dismissing him from service cannot be condoned.
State of Jammu & Kashmir vs. R.K. Zalpuri and others
(2015) TaxCorp(LJ) 9165 (SC)
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S. 147: Entire law on whether reopening of assessment in the absence of "fresh tangible material" is permissible reviewed
Motilal R. Todi vs. ACIT
(2015) TaxCorp(LJ) 9164 (ITAT-MUMBAI) · Section 147
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S. 148: If Dept behaves in an irresponsible manner and does not furnish the record reasons on the basis that the assessee was already aware of them, the assessment has to be quashed
CIT vs. Trend Electronics
(2015) TaxCorp(LJ) 9163 (HC-BOMBAY) · Section 148
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S. 147: Laid laid down in ALA Firm v. CIT 189 ITR 285 (SC) does not mean that an assessment can be reopened merely because the AO omitted to apply a binding judgement
Coperdion Ideal Private Limited vs. CIT
(2015) TaxCorp(LJ) 9162 (HC-DELHI) · Section 147
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Dept directed to follow directions of Delhi High Court in 352 ITR 273 and to be vigilant and ensure that such mistakes do not occur. Dept directed to set up a self-auditing vigilance cell to redress taxpayers' grievances
Arun Ganesh Jogdeo vs. UOI
(2015) TaxCorp(LJ) 9161 (HC-BOMBAY)
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ITAT - Freight receipts of Singapore based shipping company is not taxable in India under Article 8 of India-Singapore DTAA because Limitation of benefit clause is not triggered.
Alabra Shipping Pte Ltd, Singapore vs. ITO
(2015) TaxCorp(LJ) 9150 (ITAT-RAJKOT)
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HC - Sec 10A exemption available even on the basis of revised computation of income filed by assessee during assessment proceedings.
CIT. vs. E-Funds International India Pvt Ltd.
(2015) TaxCorp(LJ) 9149 (HC-DELHI)
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HC - Amount received by India branch of a German company for rendering ISO 9000 certification and audit services is not taxable as FTS under Sec 9(1)(vii) or under Article 12 of India-Germany DTAA.
DIT. vs. TUV Bayren (I) Ltd.
(2015) TaxCorp(LJ) 9148 (HC-BOMBAY)
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ITAT - Rule provides that new commercial vehicles put to use are eligible for depreciation at 50% despite not used in hiring business. CIT’s revisionary order u/s 263 quashed.
SEC Industries P. Ltd. vs. DCIT
(2015) TaxCorp(LJ) 9147 (ITAT-HYDERABAD)
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HC - Principles laid down for set-off of refund u/s 245 against pending demand. No set-off against stayed demand.
CIT. vs. State Bank of India & another
(2015) TaxCorp(LJ) 9146 (HC-UTTARAKHAND) · Section. 245
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