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Whether consideration recieved shall be commercial in nature, when the same is earned after providing services to various Government Agencies to educate people in the areas of Urban Hosing Development
ITO. Vs. SOCIETY FOR DEVELOPMENT STUDIES
(2014) TaxCorp(LJ) 4344 (ITAT-DELHI) · Income Tax - Sections 2(15), 11, 12A(a), 80G, 143(1), 194J
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Whether a distinction can be drawn between “setting up of business” and “commencement of business” if expenditure incurred in such setting up is part and parcel of the business activities of service provider
OMNIGLOBE INFORMATION TECH INDIA PVT. LTD. Vs. CIT
(2014) TaxCorp(LJ) 4343 (HC-DELHI) · Income tax - Sections 5(1)(xxi), 10B, 28
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Whether the CIT can invoke provision u/s 263 merely on the assupmtion that order passed by the AO could possibly have been erroneous
GLOBUS INFOCOM LTD. Vs. CIT
(2014) TaxCorp(LJ) 4342 (HC-DELHI) · Income Tax - Sections 36(1)(ii), 80IC, 115JB, 143(2), 263
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Whether the statement of the partner of such alleged assignee firm can be relied upon, if the statement proves that there was no business connection involving assignment of license by the assessee to such partnership firm
DALMIA CEMENT BHARAT LTD. Vs. CIT
(2014) TaxCorp(LJ) 4341 (HC-DELHI) · Income Tax - Sections 131, 147, 148
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Whether issue of notice under Section 148 will not be deemed as mere change of opinion, when fresh material comes into the possession which has nexus, with the reason to believe that income chargeable to tax has escaped assessment
KAMLESH BAHEDIA Vs. ACIT
(2014) TaxCorp(LJ) 4340 (ITAT-DELHI) · Income Tax - Sections 54F, 112, 143(3), 144(1), 147, 148, 154
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Whether when the Tribunal has decided that there is no violation of provisions of section 11(5) by the assessee, the DIT(E) can reopen the same for cancellation of registration
NIMMAGADDA FOUNDATION Vs. DIT
(2014) TaxCorp(LJ) 4339 (ITAT-HYDERABAD) · Income Tax - Sections 11, 11(5), 12AA, 13(1)(d), 154
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Whether in case it has been accepted by the CIT(A) that assessee was prevented by sufficient cause from producing certain evidences before the Assessment Officer, can it be granted an additional opportunity of being heard before the CIT, during appeal.
DCIT. Vs ANSAL LANDMARK TOWNSHIPS PVT. LTD.
(2014) TaxCorp(LJ) 4338 (ITAT-DELHI) · Income Tax - Section 145(3)
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A.O. is not only an adjudicator but also an investigator
Krishna Shriram Vs. Commissioner of Income Tax
(2014) TaxCorp(LJ) 4337 (ITAT-DELHI)
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Disallowance u/s 184(5) of interest, salary etc paid by a firm to partners cannot be made if the Best Judgement assessment u/s 144 is due to incompleteness of accounts & not due to failures referred to in s. 144
M/s Vijay Veer Singh vs. ITO
(2014) TaxCorp(LJ) 4336 (ITAT-AGRA) · Section. 184(5), 144
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CUP method can be applied by a comparing a pricing formulae, rather than the pricing quantification in amount. Rule 10AB inserted w.e.f. 01.04.2012 is beneficial in nature and so retrospective w.e.f. 01.04.2002
Toll Global Forwarding India Pvt. Ltd. vs. DCIT
(2014) TaxCorp(LJ) 4335 (ITAT-DELHI)
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S. 271(1)(c): In the absence of a clear-cut finding by the AO as to whether it is a case of 'concealment' or 'furnishing inaccurate particulars', penalty cannot be levied
Mitsu Industries Ltd. vs. DCIT.
(2014) TaxCorp(LJ) 4334 (HC-GUJARAT) · Section. 271(1)(c)
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S. 153A/ 153C: Entire law on recording of satisfaction by the AO and limitation period explained
ACIT vs. Inlay Marketing Pvt. Ltd.
(2014) TaxCorp(LJ) 4333 (ITAT-DELHI) · Sections. 153A, 153C
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S. 80HHA/ 80-IA: Interest earned on fixed deposits placed out of business compulsion is "derived" from the undertaking
Empire Pumps Pvt. Ltd. vs. ACIT
(2014) TaxCorp(LJ) 4332 (HC-GUJARAT) · Section. 80HHA, 80-IA
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S. 2(47((v)/(vi): Mere execution of a development agreement does not result in a "transfer" if the approval of the municality is delayed and the developer has not started work
Dilip Anand Vazirani vs. ITO
(2014) TaxCorp(LJ) 4331 (ITAT-MUMBAI) · Section. 2(47((v)/(vi)
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S. 271(1)(c): No penalty can be levied solely on the basis of admission made during survey if there is no corroborative evidence & no fault is found with the return of income
ACIT. vs. Crescent Property Developers
(2014) TaxCorp(LJ) 4330 (ITAT-MUMBAI) · Section. 271(1)(c)
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The term "any sum" in s. 194LA TDS does not cover a case where there is no monetary consideration but Development Right’s Certificate (DRC) are issued
Bruhat Bangalore Mahanagar Palike vs. ITO
(2014) TaxCorp(LJ) 4329 (ITAT-BANGALORE) · Section. 194LA
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S. 28/ 37(1): Even if the business is illegal, a loss which is incidental to such business has to be allowed u/s 28 and the Explanation to s. 37(1) has no bearing
Bipinchandra K. Bhatia vs. DCIT
(2014) TaxCorp(LJ) 4328 (HC-GUJARAT) · Sections. 28, 37(1)
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S. 9(1)(vii): Separate agreements for supply & installation cannot be regarded as one composite contract. However, as the installation is an "assembly" project, it will not constitute "fees for technical services". Even if such services are FTS u/s 9(1)(vii) they are excluded from taxation in India by Article 14 of the India-Swiss DTAA as the recipient has no PE in India
ITO. vs. Bennet Coleman & Co. Ltd.
(2014) TaxCorp(LJ) 4327 (ITAT-MUMBAI) · Section. 9(1)(vii),
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An ITO cannot carry out the functions of an authority under the Central Excise Act and arrogate to himself the power to determine the quantity of production, or the intricacies of the manufacturing process. He must seek assistance of the concerned authority
CIT. vs. Shri Girija Smelters (P) Ltd.
(2014) TaxCorp(LJ) 4326 (HC-AP)
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S. 271(1)(c): No penalty can be levied for a bona fide "wrong" claim which is not a "false" claim
Poysha Goyal vs. ACIT
(2014) TaxCorp(LJ) 4325 (ITAT-DELHI) · Section. 271(1)(c)
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