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Whether penalty proceedings concluded beyond three years from the date of detection of the offence is sustainable and where no extension was granted by the Deputy Commissioner.
BALASO KAKASO NIKAM ALIAS BALU SAIT Vs. THE DIRECTOR GENERAL OF INCOME TAX (INV)
(2014) TaxCorp(LJ) 3672 (HC-KERALA) · Income tax - Section 67
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ITAT - Once DRP confirm’ s TPO’s action, Revenue cannot appeal against DRP order
DCIT vs. Rolls Royce Marine India Pvt. Ltd.
(2014) TaxCorp(LJ) 3671 (ITAT-MUMBAI) · Section 144C
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Whether payment made in respect to franchise fees is capital in nature, when no transfer of ownership with respect to the process and the know-how under the agreement has taken place in favour of the assessee.
ACIT. Vs. JUBILANT FOODWORKS LTD.
(2014) TaxCorp(LJ) 3670 (ITAT-DELHI) · Income Tax - Sections 143(3), 154, 254
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Whether when the AO himself accepted that income of only the assessee is to be assessed in his hands and not the income of family members, a different view can still be taken in the second assessment order in the absence any material evidence
RAM KUMAR Vs. ACIT
(2014) TaxCorp(LJ) 3669 (ITAT-DELHI) · Income Tax - Sections 132, 143(2), 158BC, 1558BFA
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Whether when the AO himself accepted that income of only the assessee is to be assessed in his hands and not the income of family members, a different view can still be taken in the second assessment order in the absence any material evidence
RAM KUMAR Vs. ACIT
(2014) TaxCorp(LJ) 3668 (ITAT-DELHI) · Income Tax - Sections 132, 143(2), 158BC, 1558BFA
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Whether the legislature by introducing Ss 153A to 153C has given a go-by to the dual assessment systems of block assessment and normal assessment
FILATEX INDIA LTD. Vs. CIT
(2014) TaxCorp(LJ) 3667 (HC-DELHI) · Income Tax - Sections 115JB, 153A, 158BA(2), 260A
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Non-existence of written agreement cannot be sole base for disallowance of commission
M/s. India Fashions Ltd. vs. ITO
(2014) TaxCorp(LJ) 3666 (ITAT-MUMBAI) · Income Tax - Sections 14A, 41(1) & 195
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Statutory body like the ITAT is expected to show consistency. Change in constitution of Bench does not mean diametrically opposite views can be taken by the Members
M/s Unique Artage vs. UOI
(2014) TaxCorp(LJ) 3665 (HC-RAJASTHAN)
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No S. 271(1)(c) penalty for failure to compute capital gains as per s. 50C. Direct judgements on the topic have to be followed
Harish Voovaya Shetty vs. ITO
(2014) TaxCorp(LJ) 3664 (ITAT-MUMBAI) · Sections 271(1)(c), 50C
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Whether while exercising powers u/s 226, the Income-tax Officer should not act as a mere tax gatherer but as a quasi-judicial authority vested with the power of mitigating hardships to the assessee.
MOTHER INDIA EDUCATIONAL AND CULTURAL CHARITABLE TRUST Vs. THE DEPUTY COMMISSIONER OF INCOME TAX, THE COMMISSIONER OF INCOME TAX (APPEALS)-III, THE ASSISTANT COMMISSIONER OF INCOME TAX, THE BRANCH MANAGER FEDERAL BANK LTD.
(2014) TaxCorp(LJ) 3663 (HC-KERALA) · Income Tax - Sections 220, 226
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Whether securities retained by a nationalized bank to maintain the Statutory Liquidity ratio as prescribed by the RBI guidelines, shall be treated as stock in trade.
COMMISSIONER OF INCOME TAX –V Vs. PUNJAB NATIONAL BANK
(2014) TaxCorp(LJ) 3662 (HC-DELHI)
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Whether in case commission expenditure incurred by the assessee was not having color of business expenditure but was incurred as a measure of diversion of income and legitimate tax liabilities, disallowance u/s 40A can be warranted.
COMMISSIONER OF INCOME TAX Vs. SANDIP KIRITBHAI PATEL
(2014) TaxCorp(LJ) 3661 (HC-GUJARAT) · Income Tax - Sections 40A(2)(b), 143(2)
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Whether a deduction can be denied to an assessee in case it has obtained completion certificate by a local authority in absence of any provision in the statute in that regard.
M/s ITTINA PROPERTIES (P) LTD. Vs THE COMMISSIONER OF INCOME TAX, THE ASST COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 3660 (HC-KARNATAKA) · Income Tax - Sections 2(22)(e), 80IB
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Whether a refund claim is to be allowed to an assessee consequent to an order passed in an appeal irrespective of whether a fresh assessment order has been passed by the AO in this regard.
PLASTICOTES INVESTMENT PVT LTD. Vs. THE CHIEF COMMISSIONER OF INCOME TAX AND ORS
(2014) TaxCorp(LJ) 3659 (HC-BOMBAY) · Income tax – Sections 153(2), 240
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Whether the amount standing to the credit of the minor on which the interest was paid should be treated as loan account where a clause of the partnership deed provided that it was open for the minor to invest the capital in the partnership firm.
COMMISSIONER OF INCOME TAX Vs. SHARDABEN KISHOREBHAI PATEL
(2014) TaxCorp(LJ) 3658 (HC-GUJARAT) · Income Tax – Section 64(1)(iii)
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Whether depreciation claimed on such usage of windmill can be denied when AO has itself accepted and considered the aforesaid certificate as evidence sufficient to prove that the aforesaid assets were commissioner and put to use for the purpose of business
COMMISSIONER OF INCOME TAX Vs. SARJAN REALITIES LTD.
(2014) TaxCorp(LJ) 3657 (HC-GUJARAT) · Income Tax - Sections 32, 40A(2)(b)
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Whether assessee is entitled to seek registration under Section 12AA where the assessee satisfies the requirement of Rule 17A and had submitted Form 10A along with requisite documents.
THE DIRECTOR OF INCOME TAX (EXEMPTIONS) Vs. M/s RJBV VASUDEVAN EDUCATIONAL & CHARITABLE TRUST
(2014) TaxCorp(LJ) 3656 (HC-MADRAS) · Income Tax- Sections 12A, 12AA
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Whether when the assessee fails to explain the source of investment, the Tribunal has no other choice but to go by the figures suggested by the Revenue for making additions u/s 69.
THE COMMISSIONER OF INCOME TAX Vs. M/s JAIHIND CYCLE COMPANY
(2014) TaxCorp(LJ) 3655 (HC-AP) · Income Tax - Sections 69, 113, 158BH, 158BA
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Where the assessee had complied with directions issued either by the AO and/or the concerned Jurisdictional Commissioner imposed while granting the stay and/or passing the order under Section 220(6) of the Act while not treating the assessee in default.
GUJARAT SIDHEE CEMENT LTD. Vs. ASST COMMISSIONER OF INCOME TAX AND 1
(2014) TaxCorp(LJ) 3654 (HC-GUJARAT) · Income Tax - Section 220(6)
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Whether in case assessee has not deducted tax at source on such an amount, the assessee can be treated as assessee in default.
DEPUTY COMMISSIONER OF INCOME TAX Vs. M/s PARADISE INFRA-CON PVT LTD.
(2014) TaxCorp(LJ) 3653 (ITAT-MUMBAI) · Income Tax - Sections 154, 194–I, 201(1), 201(1A)
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