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SC - Directions of Bombay High Court imposing cost of Rs. 1 lac on Income tax Department for 'frivolous' appeal set aside
Commissioner Of Income Tax Vs. S Larsen And Tourbo Ltd.
(2015) TaxCorp(LJ) 5281 (SC)
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ITAT - Expenditure incurred by a company in connection with issue of share with a view to increase its share capital, is directly related to the expansion of the capital base of the company, and is capital expenditure, even though it may incidentally help in the business of the company and in the profit making
ACIT, Central Circle-13, New Delhi Versus M/s. Russian Technology Centre Pvt. Ltd.
(2015) TaxCorp(LJ) 5273 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39446&Category=ITAT&CategoryType=Zip
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ITAT - Revision u/s 263 - Only because the TPO in AY 2007-08 takes a different view, by that reason alone, assessment order cannot be considered to be erroneous and prejudicial to the interests of revenue
Astrix Laboratories Ltd. Versus Asst. Commissioner of Income tax
(2015) TaxCorp(LJ) 5272 (ITAT-HYDERABAD) · http://taxcorp.in/FileOpenINTL.aspx?ID=7822&Category=INTLDecisions&CategoryType=Zip
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ITAT - Proportionate disallowance of foreign travelling expenses as assessee had not furnished details of expenses of wife and children.
ACIT (OSD), Circle -5, Ahmedabad Versus Parikh Enterprises Pvt Ltd.
(2015) TaxCorp(LJ) 5271 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=39456&Category=ITAT&CategoryType=Zip
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ITAT - Order u/s.263 is upheld for a limited purpose that the claim of deduction u/s.10B was allowed by AO without proper investigation. But simultaneously Commissioner has exceeded the jurisdiction by unilaterally directing the AO to pass a fresh order by disallowing the claim u/s.10B
Shri Tarun V. Shah, Prop. MP Advisors Versus Commissioner of Income Tax-I, Baroda
(2015) TaxCorp(LJ) 5270 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=39457&Category=ITAT&CategoryType=Zip
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HC - Writ quashed challenging blacklisting of Cyprus as notified jurisdiction area u/s 94A of Income Tax Act.
Expro Gulf Limited Vs Union Of India
(2015) TaxCorp(LJ) 5256 (HC-UTTARAKHAND)
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HC - Sec 220(2) interest be levied from date commencing after end of 30 days period u/s 220(1) and return filing-date u/s 139.
C. Aswathnarayana vs. TRO
(2015) TaxCorp(LJ) 5255 (HC-KARNATAKA) · Section. 220(2)
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HC - tax planning by adopting colourable device, hence amounts received by Assessee foreign company from various Indian hotels as reimbursements for undertaking international advertisement and marketing programs are 'Royalty'.
Marriot International Inc. Vs. Dy. Director of Income Tax (International Taxation)–4(1)
(2015) TaxCorp(LJ) 5254 (ITAT-MUMBAI)
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HC - Loss on sale of shares in subsidiary is allowed as business loss on commercial expediency principles
CIT. Vs. Colgate Palmolive (India) Ltd.
(2015) TaxCorp(LJ) 5244 (HC-BOMBAY)
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HC - Sale consideration for transfer of shares was artificially and deceitfully bifurcated under a sham agreement which was unreal.
CIT. Vs. Shiv Raj Gupta
(2015) TaxCorp(LJ) 5243 (HC-DELHI)
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ITAT - Business had commenced at the stage when licence to explore the respective blocks was granted by the Govt. of India to assessee company. Deduction for depreciation and other operational expenses allowed.
DCIT. Vs. Jubilant Offshore Drilling Pvt. Ltd.
(2015) TaxCorp(LJ) 5242 (ITAT-DELHI)
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HC - Cash payments made to agents in connection with land purchase, No Sec 40A(3) addition in light of Rule 6DD(k).
CIT. Vs. Abhinandana Housing Pvt. Ltd.
(2015) TaxCorp(LJ) 5241 (HC-AP) · Section. 40A(3)
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ITAT - Assessee cannot be said to have obtained benefit u/s 41(1) when creditors had unilaterally written off balance. No concealment penalty
ITO. Vs. Navpad Textile Indutries Limited
(2015) TaxCorp(LJ) 5239 (ITAT-AHMEDABAD) · Section 41(1)
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HC - "stake money" paid by race clubs to horse owners not liable for TDS u/s 194B
Bangalore Turf Club Limited vs Union of India & others
(2015) TaxCorp(LJ) 5236 (HC-KARNATAKA)
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ITAT - Payment made by assessee to for printing logo of assessee on boarding card, ticket, baggage tag etc amounts to "advertisement", as such, liable to TDS u/s 194C.
DCIT. Vs Sahara India Commercial Corporation Ltd.
(2015) TaxCorp(LJ) 5235 (ITAT-LUCKNOW) · Section. 194C
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ITAT - No sec 40(a)(ia) disallowance for AY 2006-07 as TDS was deposited before due-date u/s 139(1) even though deposited beyond prescribed TDS deposit time limit.
ACIT. Vs Indo Asia Energy Private Limited
(2015) TaxCorp(LJ) 5234 (ITAT-CHENNAI) · Section 40(a)(ia)
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HC - Assessee a telecom service provider is not liable to deduct tax u/s 194H for payments to Channel Partners /Distributors on Sim card distribution since it is akin to sale of 'right to service'.
Bharti Airtel Ltd & Ors. vs. DCIT
(2015) TaxCorp(LJ) 5233 (HC-KARNATAKA) · Section. 194H
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ITAT - There was no prohibition u/s 115JB to employ Sec 14A and Rule 8D for computing total income. There is no difference between the expression "expenditure relatable" used in Sec 14A and the expression "expenditure incurred by the Assessee in relation to used in Sec 115JB
DCIT. vs. Sobha Developers
(2015) TaxCorp(LJ) 5225 (ITAT-BANGALORE)
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SC - SLP Dismissed. High Court held that the order u/s.35(2AB) is in due compliance with and according to the Act and Rules read with the DSIR guidelines
Apollo Tyres Ltd vs. Union Of India & Anr
(2015) TaxCorp(LJ) 5224 (SC) · Section. 352(AB)
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ITAT - Act of disregard and disobedience of the orders of the higher judicial authorities in hierarchy amounts to the gross abuse of process of law.
The ACIT. Vs. S Ganesh
(2015) TaxCorp(LJ) 5223 (ITAT-MUMBAI)
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