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HC - Assessing Officer doubted accuracy of figures mentioned in excise registers, he was totally unsuited for undertaking activity of determining exact production of material as same was outside his purview
Commissioner of Income-tax v. Shri Girija Smelters (P.) Ltd.
(2015) TaxCorp(LJ) 5624 (HC-AP) · http://taxcorp.in/FileOpenDT.aspx?ID=60576&Category=Judgment&CategoryType=Zip
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ITAT - In transfer pricing proceedings, TPO taking a view that assessee could not prove that services were actually rendered and it derived any benefit from said services, determined arm's length price of transaction in question at 'NIL'.
Rockwell Automation India (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle- 15 (1), New Delhi
(2015) TaxCorp(LJ) 5623 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39143&Category=ITAT&CategoryType=Zip
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ITAT - Payment to the Government undertaking for supply of electricity are not covered by the provisions of section 40A(3)
The Income Tax Officer Ward-1 Nirmal Versus M/s. Padigela Rajeshwar Ginning Industries
(2015) TaxCorp(LJ) 5622 (ITAT-HYDERABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=37958&Category=ITAT&CategoryType=Zip
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ITAT - Provisions of section 40(a)(ia) cannot be invoked for non deduction of tax by TPA service provided being a conduit between the insurer and hospital/ the insured. No TDS u/s 194J in respect of the said payment
Paramount Health Services (TPA) Pvt. Ltd. Versus Income tax Officer Range 7(1) (3)
(2015) TaxCorp(LJ) 5621 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=38209&Category=ITAT&CategoryType=Zip
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HC - For AY 2008-09 "built-up area" u/s 80IB does not include ‘balcony area’ and mezzanine floor
CIT. vs. SJR Builders
(2015) TaxCorp(LJ) 5614 (HC-KARNATAKA) · Section. 80IB
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HC - By no stretch of imagination can Section 14A or Rule 8D be interpreted so as to mean that the entire tax exempt income is to be disallowed. Disallowance worked out by AO at about 110% of the entire tax exempt income, not justified.
Joint Investments Pvt Ltd. vs. CIT
(2015) TaxCorp(LJ) 5613 (HC-DELHI) · Section. 14A
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HC - Chapter VI-A deductions are not limited to the business profits but are available to the extent of the Gross Total Income
CIT vs. J. B. Boda & Co.P. Ltd
(2015) TaxCorp(LJ) 5597 (HC-BOMBAY)
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HC - All business profits of the undertaking are eligible for deduction and it is not necessary to show that they have a "direct nexus" with the undertaking
CIT vs. Hritnik Exports Pvt. Ltd
(2015) TaxCorp(LJ) 5596 (HC-DELHI) · Section 10B(4)
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ITAT - Photocopies in the possession of a Searched person ("relates to") does not mean and imply that they “belong to" the person who holds the originals. There is difference between “belongs to” and “relates to”
DCIT vs Qualitron Commodities Pvt. Ltd
(2015) TaxCorp(LJ) 5595 (ITAT-DELHI) · Section 153C
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HC - Although section 12 AA(2) states that an order granting or refusing registration (by CIT) 'shall' be passed before expiry of 6 months, no 'deemed' Sec. 12AA registration on 6 months expiry
CIT vs. Muzafar Nagar Development Authority
(2015) TaxCorp(LJ) 5594 (HC-ALLAHABAD) · Section 12AA
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HC - Coercive recovery of 100% demand is set aside.
Panasonic India Pvt. Ltd. vs. CCIT
(2015) TaxCorp(LJ) 5593 (HC-MADRAS)
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HC - Sales by an STP unit to another STP unit, qualifies as ‘export turnover’ for the purposes of Sec 10A
Tata Elxsi Limited vs ACIT
(2015) TaxCorp(LJ) 5592 (HC-KARNATAKA) · Section 10A
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ITAT - In absence of non service of the mandatory notice u/s. 143(2), assessment completed u/s. 143(3) / 147 of the I.T. Act is invalid
Shri Jai Shiv Shankar Traders Pvt. Ltd. Vs. ITO
(2015) TaxCorp(LJ) 5577 (ITAT-DELHI) · Section. 143(2)
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HC - There cannot be a general rule that whenever a refund of income tax paid in excess is to be made, the Revenue must necessarily pay interest on the refunded amount
CIT vs. Engineers India Ltd
(2015) TaxCorp(LJ) 5576 (HC-DELHI)
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ITAT - No Section 40(a)(ia) disallowance for short deductions of tax at source.
ITO vs Sentini Technologies Private Limited
(2015) TaxCorp(LJ) 5574 (ITAT-HYDERABAD) · Section 40(a)(ia)
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ITAT - The requirement of filing of audit report along with the return was not mandatory but directory and that if the audit report was filed at any time before the framing of the assessment, the requirement of section 80-IA(7) would be met
DCIT. vs. M/s Surya Merchants Ltd.
(2015) TaxCorp(LJ) 5566 (ITAT-DELHI)
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ITAT - In appeal before the first appellate authority the assessee explained source of the investments, therefor, No Addition u/s s. 68 as Assessee discharges initial onus casted on him
ITO. vs. Parth Mehrotra
(2015) TaxCorp(LJ) 5565 (ITAT-HYDERABAD) · Section. 68
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ITAT - No specific evidence to show that any agreement was entered into for purchase of property or any advance was paid has been brought on record by assessee, addition for Deemed Dividend confirmed
Sri Sardar Iqbal Singh vs. JCIT
(2015) TaxCorp(LJ) 5564 (ITAT-HYDERABAD)
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ITAT - For xection 10A exemption, approvals given by the Directors of Software Technology Parks of India are valid having the authority of the Inter-ministerial Standing Committee
Mentor Graphics (Noida) P. Ltd. Vs. DCIT
(2015) TaxCorp(LJ) 5563 (ITAT-DELHI) · Section 10A
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HC - Death of Authorised representative not sufficient cause for delay of more than 558 days in Appeal Filing
Madhu Dadha vs. The Assistant Commissioner of Income Tax Officer
(2015) TaxCorp(LJ) 5562 (HC-MADRAS)
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