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S. 153C: Even if the AO of the searched person and of the "other person" (i.e. the assessee) is the same, the proper satisfaction has to be recorded before assuming jurisdiction over the assessee. Failure to record satisfaction renders the assessment order null and void
CIT vs. M/s Mechmen
(2015) TaxCorp(LJ) 7205 (HC-MP) · Section 153C
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S. 148/ 292BB: Issue of notice in the name of the deceased person renders the assessment order null and void even if the order is passed in the name of the legal heir. The fact that the legal heir attended the proceedings does not make it a curable defect u/s 292BB
ITO vs. Late Som Nath Malhotra
(2015) TaxCorp(LJ) 7204 (ITAT-DELHI) · Sections 148, 292BB
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S. 54: Booking a flat which is going to be constructed by the builder is a case of “construction” of the flat. If the flat is booked prior to the date of transfer of the old flat, deduction u/s 54 is not available. The date of receiving possession of the new flat cannot be regarded as the date of “purchase” of the new flat
ACIT vs. Sagar Nitin Parikh
(2015) TaxCorp(LJ) 7203 (ITAT-MUMBAI) · Section 54
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S. 10(23C) (iiiab): Law on treating an educational institution as running with a profit motive and treating the donations received by it as “capitation fee” on the basis of the allegation of the persons who have made the said donation explained
Deccan Education Society vs. ACIT
(2015) TaxCorp(LJ) 7200 (ITAT-PUNE) · Section 10(23C) (iiiab)
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S. 37(1): The very nature of a license agreement is that it is not of a permanent nature. The fact that the payment is spread over a period of 10 yearst does not make the assessee the owner of the technical knowhow. The payment is not of an enduring nature
CIT vs. SMCC Construction India Ltd
(2015) TaxCorp(LJ) 7199 (HC-DELHI) · Section 37(1)
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ITAT - No addition u/s 68 merely based on some documents impounded during search/seizure operation. No effort taken by AO in rebutting the evidence provided by assessee.
Delco India Pvt. Ltd. vs. ACIT
(2015) TaxCorp(LJ) 7186 (ITAT-DELHI) · Sections. 292C, 68
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ITAT - Payment for transfer of exclusive technology alongwith IP is liable to tax as royalty / fees for technical services under IT Act as well as India-UK DTAA. TDS applicable.
Bajaj Holdings & Investments Ltd. vs. ADIT
(2015) TaxCorp(LJ) 7167 (ITAT-MUMBAI)
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HC - No penal consequences to a non-resident assessee due to deductor’s default in depositing TDS.
Zulfikar Jeewanjee Moriswala & Anr. vs. DCIT & Ors.
(2015) TaxCorp(LJ) 7166 (HC-BOMBAY)
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ITAT - Addition cannot be made for cash deposits in the bank account received against sale of land as undisclosed investment for mere failure of Assessee to produce such purchases before the AO during the course of assessment.
Income Tax Officer Vs. Sh. Mahender Singh
(2015) TaxCorp(LJ) 7165 (ITAT-DELHI)
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ITAT - No TDS u/s 194H on sale of pre-paid vouchers / sim-cards by assessee (a telecom operator) to its distributors.
Vodafone Essar Gujarat Limited vs. ACIT TDS Circle
(2015) TaxCorp(LJ) 7156 (ITAT-AHMEDABAD)
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ITAT - ‘On money’ received by assessee did not have the character of income but was only an advance. Sale consideration is taxable in the year in which sale transaction completes either on handing over the possession of the flats or on execution of transfer deed whichever happens earlier.
DCIT. vs. Ohm Developers
(2015) TaxCorp(LJ) 7155 (ITAT-AHMEDABAD)
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ITAT - No addition can be made u/s 2(22)(e) when assessee is neither a registered shareholder nor a beneficial shareholder.
Satellite Cable TV Network Pvt. Ltd. Vs. ITO
(2015) TaxCorp(LJ) 7154 (ITAT-MUMBAI) · Section. 2(22)(e)
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ITAT - Loss in pension fund is liable to be excluded from the actual income of the insurance business.
Birla Sunlife Insurance Compnay Ltd. Vs. JCIT
(2015) TaxCorp(LJ) 7153 (ITAT-MUMBAI)
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ITAT - If assessee fails to deduct TDS and prove that the deductee had taken the same amount in his ITR and paid taxes on the same then that amount could not be disallowed as per second proviso to sec 40(a)(ia) as it will result in double taxation on the same amount.
M/s Debdutta Construction Vs. ITO
(2015) TaxCorp(LJ) 7152 (ITAT-KOLKATA)
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ITAT - If assessee failed to deduct TDS during the previous year and AO fails to make disallowance for such expenses than such order passed by AO is erroneous and prejudicial to the interest of the revenue and revision proceedings under section 263 initiated by CIT under section 263 is valid.
Menally Sayaji Engineering Ltd. Vs. CIT
(2015) TaxCorp(LJ) 7151 (ITAT-KOLKATA) · Section 263
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ITAT - Assessment framed by the AO on the basis of the notice issued u/s 148 of the Act in the name of the deceased assessee was invalid.
Income Tax Officer Vs. Late Sh. Som Nath Malhotra, Through Smt. Raj Rani Malhotra
(2015) TaxCorp(LJ) 7150 (ITAT-DELHI)
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HC - Revenue to return amount adjusted against refund with interest where stay granted by CIT is operational.
Hindustan Unilever Limited vs DCIT
(2015) TaxCorp(LJ) 7149 (HC-BOMBAY) · Section 220
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HC - Assessee cannot cry foul at later stage for non-submission of reasons for reopening of assessment if assessee fails to seek reasons earlier.
CIT vs. United Racing & Blood Stock Breeders Pvt. Ltd
(2015) TaxCorp(LJ) 7148 (HC-KARNATAKA)
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ITAT - Fees received a US entity towards business development, market services and other support service from its Indian AE is not FTS under Article 12(4)(b) India-US DTAA, in absence of transfer of technology.
ABB Inc. vs. DDIT
(2015) TaxCorp(LJ) 7147 (ITAT-BANGALORE)
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ITAT - No TDS u/s 194H in respect of discount given to distributors on sale of sim-cards/pre-paid products.
Bharati Hexacom Limited vs DCIT
(2015) TaxCorp(LJ) 7146 (ITAT-GAUHATI) · Section 194
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