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ITAT - In order to bring a particular income from royalty or fees for technical services within ambit of section 44DA, it is essential that non-resident must have a PE in India
CGG Marine SAS v. ADIT, International Taxation, Dehradun
(2015) TaxCorp(LJ) 5069 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=37410&Category=ITAT&CategoryType=Zip
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HC - The expenditure is claimed is for upgrading the existing product. Therefore, the product so upgraded goes on changing as time progresses, keeping in mind the requirement and the competition in the market. Same was to be treated as revenue expenditure
Commissioner of Income-tax, Bangalore v. Tejas Networks India (P.) Ltd.
(2015) TaxCorp(LJ) 5068 (HC-KARNATAKA) · http://taxcorp.in/FileOpenDT.aspx?ID=58361&Category=Judgment&CategoryType=Zip
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HC - Perusal of the order passed by the Tribunal shows that the documents and the data produced by the assessee have not been taken into consideration, matter was to be remanded back
Smt. Gurcharan Kaur v. Commissioner of Income-tax II, Jalandhar
(2015) TaxCorp(LJ) 5067 (HC-P&H) · http://taxcorp.in/FileOpenDT.aspx?ID=58407&Category=Judgment&CategoryType=Zip
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ITAT - Booking of a flat, which is going to be constructed by a builder, has to be considered as a case of "construction of flat" and not purchase of flat. Since assessee had booked a house with builder prior to date of transfer of original house, assessee was not entitled to exemption under section 54
Farida A. Dungerpurwala v. Income-tax Officer
(2015) TaxCorp(LJ) 5066 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=38467&Category=ITAT&CategoryType=Zip
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ITAT - Section 74 does not give benefit of set-off and carry forward of losses under head 'capital gains' in case of amalgamation and demerger
Clariant Chemicals (I) Ltd. v. Additional Commissioner of Income-tax, Range-1 (1), Mumbai
(2015) TaxCorp(LJ) 5065 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=38583&Category=ITAT&CategoryType=Zip
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HC - Sweeper, peons, manager, clerk not participating in manufacturing process, need to be excluded from number of employees to find out eligibility in terms of section 80-IA
Herald Publications (P.) Ltd. v. Commissioner of Income Tax, Panjim
(2015) TaxCorp(LJ) 5063 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=58572&Category=Judgment&CategoryType=Zip
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ITAT - As per the second proviso to sub-section (2A) of section 153, the time limit for completing the assessment is 9 months from the end of the relevant assessment year in which the order is passed by the Commissioner under section 263. Consequential assessment order after expiry of nine months was to be annulled being barred by limitation
Income-tax Officer v. Jheendu Ram
(2015) TaxCorp(LJ) 5062 (ITAT-LUCKNOW) · http://taxcorp.in/FileOpenDT.aspx?ID=37991&Category=ITAT&CategoryType=Zip
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ITAT - Where company was under serious indictment in fraud cases, is to be excluded from list of comparables for TP study. Companies which are not functionally comparable are to be excluded from list of comparables
Stream International Services (P.) Ltd. v. Assistant Commissioner of Income-tax- 7 (2), Mumbai
(2015) TaxCorp(LJ) 5061 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39303&Category=ITAT&CategoryType=Zip
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HC - The only thing AO can verify is as to whether bonus has been paid as a matter of fact. If it is paid, deduction has to be permitted under Section 43B and otherwise not
The Commissioner of Income Tax, Hyderabad - I Versus M/s. Hyderabad Industries Ltd.
(2015) TaxCorp(LJ) 5060 (HC-AP) · http://taxcorp.in/FileOpenDT.aspx?ID=59106&Category=Judgment&CategoryType=Zip
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HC - Assessee acted under the bona fide belief that the gift coupons, being in the nature of mementos to commemorate conferment of awards, were not in the nature of payment of salary. No Penalty u/s 271C
COMMISSIONER OF INCOME TAX (TDS) Versus INDIAN PETROCHEMICALS CORPORATION LTD.
(2015) TaxCorp(LJ) 5059 (HC-GUJARAT) · http://taxcorp.in/FileOpenDT.aspx?ID=59069&Category=Judgment&CategoryType=Zip
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HC - Financial condition of the petitioner is stated to be precarious. It would be necessary for the 1st respondent to reconsider the matter regarding levy of interest under Section 220(2)
SOUTH INDIA PRODUCE CO. Versus THE CHIEF COMMISSIONER OF INCOME TAX AND OTHERS
(2015) TaxCorp(LJ) 5058 (HC-KERALA) · http://taxcorp.in/FileOpenDT.aspx?ID=59107&Category=Judgment&CategoryType=Zip
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HC - The non-impleadment of the legal heir effectively meant that the Tribunal passed order in respect of a dead person and thereby rendered its order a nullity in law. Directed to permit the petitioner to implead herself as the legal heir.
JASEELA Versus INCOME TAX OFFICER AND OTHERS
(2015) TaxCorp(LJ) 5057 (HC-KERALA) · http://taxcorp.in/FileOpenDT.aspx?ID=59075&Category=Judgment&CategoryType=Zip
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SC - Service tax applicable on BCCI for recording IPL cricket matches
Board Of Control For Cricket In India Vs. Commissioner Of Service Tax
(2015) TaxCorp(LJ) 5056 (SC)
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HC - Bar under Sec.205 of the Income Tax Act prevents the department from demanding the TDS from the assessee who has suffered a deduction. TDS credit must be given to deductee even if deductor fails to pay to government
Executors of the Estate of S. Shanmuga Mudaliar Vs The Assistant Commissioner of Income Tax
(2015) TaxCorp(LJ) 5055 (HC-MADRAS)
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HC - Though the new part, which replaced the old one, in a machinery, is costlier and more efficient, it would not lead to an inference that an item of new machinery has been acquired, much less the cost incurred therefore can be treated as capital expenditure
The Commissioner of Income Tax, Guntur Versus M/s. Shri Dhanalakshmi Cotton and Rice Mills Ltd.
(2015) TaxCorp(LJ) 5054 (HC-AP) · http://taxcorp.in/FileOpenDT.aspx?ID=59109&Category=Judgment&CategoryType=Zip
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HC - The reasons must have live nexus and must disclose on what basis or evidence the Assessing Officer feels and has reason to believe that income chargeable has escaped assessment. The reasons must be germane and genuine
Commissioner of Income Tax - 15 (Erstwhile CIT-IX) Versus Shri Chintoo Tomar
(2015) TaxCorp(LJ) 5053 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59110&Category=Judgment&CategoryType=Zip
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HC - Penalty u/s 271G - Penalty cannot be imposed unless and until the Assessing Officer is sure and certain that there was a violation. Ambiguity or doubt in the mind of the Assessing Officer does not justify imposition of penalty, when the actus reas itself is not proved and established
The Commissioner of Income Tax-II Versus M/s. Johnson Matthey India P. Ltd.
(2015) TaxCorp(LJ) 5052 (HC-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7802&Category=INTLDecisions&CategoryType=Zip
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HC - Higher depreciation allowed on a wind mill, which obviously cannot supply electricity without power evacuation infrastructure as integral to its very functioning and use.
Commissioner of Income Tax-I, Ludhiana Versus M/s. Eastman Impex
(2015) TaxCorp(LJ) 5051 (HC-P&H) · http://taxcorp.in/FileOpenDT.aspx?ID=59114&Category=Judgment&CategoryType=Zip
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HC - Total winnings from betting of the assessee should be brought to tax at the rate of 40% (Now 30%) as contemplated under Section 115BB. No set off.
Commissioner of Income-tax, Chennai Versus Dr. MAM. Ramaswamy
(2015) TaxCorp(LJ) 5050 (HC-MADRAS) · http://taxcorp.in/FileOpenDT.aspx?ID=59117&Category=Judgment&CategoryType=Zip
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HC - Depreciation is optional to the assessee and once he chooses not to claim it, the Assessing Officer cannot allow it while computing the income. Further, once depreciation is optional, it will be optional for block of assets also
DCIT. Vs. Sun Pharmaceuticals Ltd.
(2015) TaxCorp(LJ) 5049 (HC-GUJARAT) · Sections. 80-IA, 80HHC
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