-
HC - Assessee’s business was set-up in preceding year when assessee started execution of the contract by taking steps such as entering into manufacturing agreement with a third person for manufacture and installation and made advance payment
CIT. vs. Jcdecaux Advertising India Pvt. Ltd.
(2015) TaxCorp(LJ) 6484 (HC-DELHI)
-
ITAT - Invocation of ‘Deeming fiction’ under Exp 1 to Sec 271(1) (c) was not justified as asseseee’s explanation regarding ‘bonafides’ of claim did not suffer from any apparent inconsistencies or factual errors.
Vipul Life Sciences Vs. DCIT
(2015) TaxCorp(LJ) 6483 (ITAT-MUMBAI) · Section. 271(1)(c)
-
HC - Absence of “dissolution clause” in the trust-deed is not a ground to deny Section 12AA registration.
CIT. vs. Tapagachha Sangh Mota
(2015) TaxCorp(LJ) 6482 (HC-GUJARAT) · Section. 12AA
-
HC - Assessee not entitled to any interest for delayed payment of interest under section 244A on principal refund amount.
Commissioner of Income-tax v. Indian Farmer Fertilizer Co-Operative
(2015) TaxCorp(LJ) 6481 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60584&Category=Judgment&CategoryType=Zip
-
HC - Initiation of proceedings under section 201 against assessee after 9 years from end of relevant financial year was time barred
Commissioner of Income-tax (TDS)-I v. C.J. International Hotels (P.) Ltd.
(2015) TaxCorp(LJ) 6480 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60505&Category=Judgment&CategoryType=Zip
-
ITAT - Since real intent, objective and purpose of payment of compensation as per settlement agreement was to ensure withdrawal of all pending litigation by assessee, it was neither in lieu of surrender of any agency or agreement for non-competition; not taxable under section 28.
Satyam Food Specialities (P.) Ltd. Vs. Deputy Commissioner of Income-tax, Central Circle-2, Jaipur
(2015) TaxCorp(LJ) 6479 (ITAT-JAIPUR) · http://taxcorp.in/FileOpenDT.aspx?ID=40271&Category=ITAT&CategoryType=Zip
-
HC - Addition made on account of notional interest on advances made during normal course of business is to be deleted as there are no specific taxing provision.
Shivnandan Buildcon Pvt. Ltd vs. CIT & Anr
(2015) TaxCorp(LJ) 6478 (HC-DELHI)
-
HC - When the assessment itself is annulled and revised return filed by assessee is held invalid, then excess taxes paid in revised return must be refunded
K Nagesh vs. ACIT
(2015) TaxCorp(LJ) 6477 (HC-KARNATAKA)
-
HC - Income from Customer Freight Station (‘CFS’) is eligible for deduction u/s 80-IA(4)
CIT. vs. Continental Warehousing Corporation and Anr.
(2015) TaxCorp(LJ) 6476 (HC-BOMBAY) · Section. 153A, 80IA
-
ITAT - Revision order u/s 263 is invalid since the issue of Rs 5000 cr accounting-loss on restructuring was examined by AO and DRP.
Bharti Airtel Ltd. vs. CIT
(2015) TaxCorp(LJ) 6475 (ITAT-DELHI) · Section. 263
-
HC - Where AO had already raised the said issue of amortization of royalty paid to the Wireless Planning Commission of Government of India while framing the assessment under Section 143(3), notice of reopening fails with all consequential reliefs
Vodafone West Limited Formerly known As Vodafone Essar Versus Assistant Commissioner Of Income Tax
(2015) TaxCorp(LJ) 6474 (HC-GUJARAT) · http://www.taxcorp.in/FileOpenDT.aspx?ID=56023&Category=Judgment&CategoryType=Zip
-
HC - The assessee never offered and/or claimed deduction as expenditure. Therefore, it is rightly observed by the learned Tribunal that there was no question of making any addition under Section 69/69(C)
Commissioner of Income Tax-I, Surat Versus Nagindas T. Kapadia (Prop: Shiv Krupa Jari)
(2015) TaxCorp(LJ) 6473 (HC-GUJARAT) · http://www.taxcorp.in/FileOpenDT.aspx?ID=61061&Category=Judgment&CategoryType=Zip
-
HC - The moment the decision / approval of the Development Commissioner is ratified by the Board of Approval it will relate back to the date on which the approval was granted by the Development Commissioner. If that be so, it cannot be said that the assessee was not a EOU, which was entitled to the deduction under Section 10B
PRINCIPAL COMMISSIONER OF INCOME TAX, GANDHINAGAR Versus ECI TECHNOLOGIES PVT. LTD
(2015) TaxCorp(LJ) 6471 (HC-GUJARAT) · http://www.taxcorp.in/FileOpenDT.aspx?ID=61067&Category=Judgment&CategoryType=Zip
-
HC - As Provision for doubtful debts represented advances towards sister concern and not trade debts, therefore not covered by clause (c) of the explanation to Section 115JA(2).
The Commissioner of Income Tax Versus M/s. Salgaonkar Mining Industries Pvt Ltd
(2015) TaxCorp(LJ) 6470 (HC-BOMBAY) · http://www.taxcorp.in/FileOpenDT.aspx?ID=61045&Category=Judgment&CategoryType=Zip
-
HC - The amounts paid by the agents to utilise the amount arose out of the shipping business cannot be brought to tax as sought to be done as there is no profit element in the pro rata costs paid by the agents of the assessee to the assessee .
Director of Income Tax (IT) -I Versus AP. Moller Maersk A/S. C/o. Maersk Line India Pvt. Ltd.
(2015) TaxCorp(LJ) 6469 (HC-BOMBAY) · http://www.taxcorp.in/FileOpenDT.aspx?ID=61069&Category=Judgment&CategoryType=Zip
-
HC - Assessee is not entitled to any interest for delayed payment of interest under section 244A on principal refund amount. Assessee is entitled to receive interest only to extent of amount specified in section 244A(1).
Commissioner of Income-tax v. Indian Farmer Fertilizer Co-Operative
(2015) TaxCorp(LJ) 6468 (HC-DELHI) · http://www.taxcorp.in/FileOpenDT.aspx?ID=60584&Category=Judgment&CategoryType=Zip
-
SC - Value of let out portion of building (to subsidiary Co. for carrying out job work for assessee) was included in net wealth of assessee-company. Lifting of corporate veil was justified in this case.
Kapri International (P.) Ltd. v. Commissioner of Wealth Tax, New Delhi
(2015) TaxCorp(LJ) 6467 (SC) · http://www.taxcorp.in/FileOpenDT.aspx?ID=60614&Category=Judgment&CategoryType=Zip
-
ITAT - A company engaged in software licence and related services cannot be compared to software development service provider.
Deputy Commissioner of Income-tax, Circle-12 (4), Bangalore v. Textron Global Technology Centre (P.) Ltd.
(2015) TaxCorp(LJ) 6466 (ITAT-BANGALORE) · http://www.taxcorp.in/FileOpenDT.aspx?ID=40525&Category=ITAT&CategoryType=Zip
-
ITAT - Under section 32, assessee can claim Depreciation on ‘goodwill’
M/s. PPG Asian Paints Pvt. Ltd. Vs. ACIT
(2015) TaxCorp(LJ) 6465 (ITAT-MUMBAI) · Section 32
-
HC - TDS is applicable u/s 194C on payment by cable operator to get licence of TV channels.
Kurukshetra Darpans (P) Ltd. Vs. Commissioner Of Income Tax
(2015) TaxCorp(LJ) 6464 (HC-P&H) · Section. 194C
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.