-
HC - Persons to whom interest was paid on cash loan, their details and particulars were not ascertained, verified and examined by AO, therefore addition u/s 69C as well as penalty u/s 269T is not justified.
Commissioner of Income-tax (Central) II v. Home Developers (P.) Ltd.
(2015) TaxCorp(LJ) 5502 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59118&Category=Judgment&CategoryType=Zip
-
ITAT - In view of proviso to section 153C, date of receipt of seized material would be considered to count limitation period for issuing section 153C notice
R.L. Allied Industries v. Income-tax Officer, Ward-20(1), New Delhi
(2015) TaxCorp(LJ) 5501 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39547&Category=ITAT&CategoryType=Zip
-
ITAT - While computing mean margin of comparable, TP adjustment of purchase is to be made only from AE and not from unrelated parties
Kirloskar Toyoda Textile Machinery (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle- 11 (5), Bangalore
(2015) TaxCorp(LJ) 5500 (ITAT-BANGALORE) · http://taxcorp.in/FileOpenINTL.aspx?ID=7751&Category=INTLDecisions&CategoryType=Zip
-
ITAT - A company engaged in developing software tools after R&D and were intellectual property of the company cannot be a chosen as functionally comparable for a Company developing software on contract basis without any IP rights
Element K India (P.) Ltd. v. Income-tax Officer, Ward 11 (1), New Delhi
(2015) TaxCorp(LJ) 5499 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=38648&Category=ITAT&CategoryType=Zip
-
ITAT - Merely because the assessee disclosed additional income suo motu after issue of a notice u/s 143(2) of the Act, does not amount to detection of concealment by the AO u/s. 271(1)(c) of the Act.
ACIT. Vs. Ashok Raj Nath
(2015) TaxCorp(LJ) 5498 (ITAT-DELHI) · Section. 143(2)
-
ITAT - Since assessee trust was carrying on super market business and there was no nexus with activity incidental to attainment of objects of assessee trust, exemption under section 11 disallowed.
Ashish Super Mercato v. Deputy Director of Income-tax (Exemption), Range-2, Ernakulam
(2015) TaxCorp(LJ) 5497 (ITAT-COCHIN) · http://taxcorp.in/FileOpenDT.aspx?ID=39758&Category=ITAT&CategoryType=Zip
-
HC - Assessing Officer has held the interest paid on borrowings is capital in nature and, therefore, not allowable as an expenditure. Consequently, it is submitted that income chargeable to tax has escaped assessment. However, the reasons nowhere indicate any failure on the part of the asssessee to disclose truly and fully material facts necessary for assessment.
Business India v. Joint Commissioner of Income-tax, 12 (1)
(2015) TaxCorp(LJ) 5496 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=58351&Category=Judgment&CategoryType=Zip
-
ITAT - Unless revenue proves understatement of consideration with some cogent evidence, addition u/s 69B on the basis of DVO’s report is not justified.
ACIT vs. Rakesh Narang
(2015) TaxCorp(LJ) 5495 (ITAT-DELHI) · Section 50C, 69B
-
HC - Even though assessment order is silent on a point does not mean 'non-application of mind by AO in view of specific queries made during the assessment proceedings.
CIT vs Fine Jewellery (India) Ltd
(2015) TaxCorp(LJ) 5494 (HC-BOMBAY) · Section 263
-
ITAT - Purchase of gold having been shown as investment in balance sheet as well as in wealth-tax return, loss incurred on sale of gold within a year was to be treated as short-term capital loss.
Deputy Commissioner of Income-tax, Circle 11 (1), New Delhi v. Laxman Dass Mittal
(2015) TaxCorp(LJ) 5480 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39754&Category=ITAT&CategoryType=Zip
-
ITAT - Assessee co-operative society not accepting deposits of money from non-members should not to be deemed as co-operative bank and provisions of section 80P(4) would not be applicable to deny deduction under section 80P(2)(a)(i)
Assistant Commissioner of Income-tax, Circle -1 (1), Panaji v. Goa PWD Staff Co-operative Credit Society Ltd.
(2015) TaxCorp(LJ) 5479 (ITAT-PANAJI) · http://taxcorp.in/FileOpenDT.aspx?ID=39753&Category=ITAT&CategoryType=Zip
-
HC - Gifts received through cheques, which were drawn in the name of the individual later blended with the property of HUF by way of journal entry requires AO to analyse provisions of clubbing before making addition of gift in name of HUF
M.Veluswamy v. Income-tax Officer, Ward - I (1), Pollachi
(2015) TaxCorp(LJ) 5478 (HC-MADRAS) · http://taxcorp.in/FileOpenDT.aspx?ID=58777&Category=Judgment&CategoryType=Zip
-
ITAT - The only condition precedent for application of section 153A is that there should be a search under section 132, even if no undisclosed income was unearthed in search.
Nandini Delux v. Assistant Commissioner of Income-tax, Central Circle 1(2), Bangalore
(2015) TaxCorp(LJ) 5477 (ITAT-BANGALORE) · http://taxcorp.in/FileOpenDT.aspx?ID=38911&Category=ITAT&CategoryType=Zip
-
HC- Failure to file timely return of TCS by assessee, a State Government undertaking is not a technical mistake; impugned penalty order passed under section 272A(2)(c) was to be upheld
Divisional Logging Manager v. Commissioner of Income-tax
(2015) TaxCorp(LJ) 5476 (HC-ALLAHABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=58111&Category=Judgment&CategoryType=Zip
-
SC - Assessee is entitled to reduce from its book profits, the profits derived from its CPPs, in determining tax payable for the purposes of Section 115JA of the Act.
COMMISSIONER OF INCOME-TAX, DELHI Versus M/s. DCM SHRIRAM CONSOLIDATED LTD.
(2015) TaxCorp(LJ) 5475 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=58634&Category=Judgment&CategoryType=Zip
-
HC - Amount received on redemption of Stock Appreciation Rights are capital gain and not perquisite under Sec.17(2)(iii)
BHARAT V. PATEL Versus CIT. -I
(2015) TaxCorp(LJ) 5474 (HC-GUJARAT) · http://taxcorp.in/FileOpenDT.aspx?ID=59283&Category=Judgment&CategoryType=Zip
-
HC - Contribution towards the transfer fees and non occupancy charges are covered by the principle of mutuality and is not chargeable to tax
Commissioner of Income Tax-16 Versus Shyam Co-Op. Housing Society Ltd.
(2015) TaxCorp(LJ) 5473 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=60452&Category=Judgment&CategoryType=Zip
-
HC - The assessee is a Non-Resident Indian and merely because there is a wrong description in the returns that he is a Resident, it would not alter the status of the assessee that he is a Non-Resident Indian for the assessment years
The Commissioner of Income-Tax, Trichy Versus Shri. N. Sundararaman
(2015) TaxCorp(LJ) 5471 (HC-MADRAS) · http://taxcorp.in/FileOpenDT.aspx?ID=60453&Category=Judgment&CategoryType=Zip
-
HC - First and second notice for reassessment returned as un-served with the report that the assessee had gone out for the medical treatment. Third notice was issued after expiry of period of limitation. Section 292B has no application. Reassessment invalid.
Lal Chand Agarwal Versus Commissioner of Income Tax, Agra
(2015) TaxCorp(LJ) 5470 (HC-ALLAHABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=60454&Category=Judgment&CategoryType=Zip
-
HC - Benefit of exemption under 1944 Circular/1977 Instructions to earnings of Missionaries/Members of Religious Congregation apply only to instances of “diversion of income by overriding title”. Therefore, earnings of Missionaries/Members of Religious Congregation are subject to TDS u/s.192 as applies to situations not covered by the 1944 Circular/1977 Instructions,
Father Sabu P.Thomas & another vs. UOI & others
(2015) TaxCorp(LJ) 5468 (HC-KERALA)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.