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S. 50/ 112: Though gains on depreciable assets held for more than 3 years have to be treated as STCG u/s 50, the gains have to be taxed at the rate applicable to a LTCG
Smita Conductors Ltd vs. DCIT
(2014) TaxCorp(LJ) 3432 (ITAT-MUMBAI) · Section 50, 112
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S. 201/ 201(iA): The payer is not liable for TDS default if the Dept does not show that the tax could not be recovered from the recipient
Allahabad Bank vs. ITO
(2014) TaxCorp(LJ) 3431 (ITAT-AGRA) · Section 201, 201(iA)
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Deemed Dividend – Shareholders of different holdings cannot be clubbed to apply Section 2(22)(e)
CIT Vs. Octave Apparels
(2014) TaxCorp(LJ) 3430 (HC-P&H) · Section 2(22)(e)
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Relationship between a hospital and employee depend on terms of contract between them to determine 192 or 194J applicability
M/s Ravindranath GE Medical Associates Pvt. Ltd. Vs. DCIT.
(2014) TaxCorp(LJ) 3429 (ITAT-HYDERABAD)
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S. 50C: If the stamp duty valuation is higher than the consideration received, the AO must refer the valuation to the DVO even if there is no request by the assessee
Sunil Kumar Agarwal vs. CIT
(2014) TaxCorp(LJ) 3428 (HC-CALCUTTA) · Section 50C
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Circumstances leading to formation of PE and estimation of profit attributable therto under Rule 10 explained. Even foreign assessees are liable for interest u/s 234B
Nortel Networks India International Inc vs. DDIT
(2014) TaxCorp(LJ) 3427 (ITAT-DELHI)
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S. 263: The CIT can revise an assessment only if he can show unmistakably that the order of the AO is unsustainable. Fact that the AO has passed a non-speaking order does not mean that he has not applied his mind
CIT vs. J. L. Morrison (India) Ltd
(2014) TaxCorp(LJ) 3426 (HC-CALCUTTA) · Section 263
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Whether TP addition can be made in Search cases ? ITAT quashed Assessment orders passed under section 153C r.w.s 92CA. Assessments not pending on the date of search - Addition has to be confined to search material - No incriminating material found during the search - TP additions cannot be made - Orders also not passed within time.
Himalaya Drug Company vs DCIT
(2014) TaxCorp(LJ) 3425 (ITAT-BANGALORE)
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Whether TP addition can be made in Search cases ? ITAT quashed Assessment orders passed under section 153C r.w.s 92CA. Assessments not pending on the date of search - Addition has to be confined to search material - No incriminating material found during the search - TP additions cannot be made - Orders also not passed within time.
Himalaya Drug Company vs DCIT
(2013) TaxCorp(LJ) 3424 (ITAT-BANGALORE)
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Whether the expenditure on acquisition of computer software should be treated as revenue expenditure or capital expenditure.
Scope International Pvt Ltd vs ACIT
(2014) TaxCorp(LJ) 3423 (ITAT-CHENNAI)
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Condonation of delay by 464 days - ITAT rejected adjournment seeks by assessee.
Bengal Tiger Line India Private Ltd vs ITO (Intl. Taxation)
(2014) TaxCorp(LJ) 3422 (ITAT-PANAJI)
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Accounting treatment - The amount was wrongly invoiced and has been already been subjected to tax in AY 2005-06. The Appellant has no right to receive this income. Therefore, there is no requirement to add this amount back to the normal profits or book profits in A.Y 2006-2007.
ACIT vs ST-CMS Electric Co.(P) Ltd
(2014) TaxCorp(LJ) 3421 (ITAT-CHENNAI)
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153A/144 r.w.s 143(3) – Mere suspicion on document howsoever strong does not partake the character of evidence.
ACIT vs Odeon Builders Pvt. Ltd
(2014) TaxCorp(LJ) 3420 (ITAT-DELHI)
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S. 153A: Addition in a search assessment for a A.Y which is not pending can be made only if incriminating material is found during search.
Sanjay Aggarwal vs. DCIT
(2014) TaxCorp(LJ) 3419 (ITAT-DELHI)
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Expl. (a) to S. 6(1)(c) - ITAT extends benefit of 182 days for determination of residential status for self-employed professionals going abroad.
ACIT vs Jyotinder Singh Randhawa
(2014) TaxCorp(LJ) 3418 (ITAT-DELHI) · Expl. (a) to S. 6(1)(c) - ITAT extends benefit of 182 days for determination of residential status for self-employed professionals going abroad.
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There is no provision in Income tax Act which permits withdrawal of an appeal, once it is filed, and registered. Once right of appeal is exhausted, by party concerned, and the appeal is filed before appropriate Appellate Authority, who after receiving same has registered it, there is no provision in the statute permitting withdrawal thereof.
Yogendra Prasad Santosh Kumar vs CIT
(2014) TaxCorp(LJ) 3417 (HC-ALLAHABAD)
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S. 271(1)(c) - The assessee disclosed the income in the returned income, made a claim by way of a note and the law does not bar or prohibit an assessee from making a claim which he believes is a plausible claim. The assessee's claim is duly supported by the opinion of a Senior Advocate. Department may or may not accept the assessee's claim as correct but the law does not bar an assessee from making a claim and the denial of such claim by the Revenue will not make the assessee liable for penalty of concealment of income. All the relevant facts were disclosed by the assessee and it is not the case of the Revenue that any facts disclosed by the assessee in the return of income were found to be incorrect or erroneous or false. ITAT hold that the levy of penalty u/s 271(1)(c) of the Act was not justified in the case under appeal before us.
AAA Portfolios Pvt.Ltd vs ACIT
(2014) TaxCorp(LJ) 3416 (ITAT-DELHI)
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S. 148 - Escaped assessment - Tax Liability - Merely making this bald assertion was not enough that there was a failure on the part of petitioner to disclose fully and truly all material facts without giving any details thereof. There were no details given by revenue as to which fact or material was not disclosed by petitioner that led to it's income escaping assessment. The impugned notice u/s 148 was bad in law.
Bombay Stock Exchange Limited Vs. Deputy Director of Income Tax, (Exemption)
(2014) TaxCorp(LJ) 3415 (HC-BOMBAY)
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TDS deductible u/s 194 C in case assessee took certain vehicles on hire for carrying its students and staff while making payments of hiring charges to transport contractor
Assistant Commissioner of Income Tax (TDS) vs Lotus Valley Education Society
(2014) TaxCorp(LJ) 3414 (HC-ALLAHABAD)
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ITAT issues strictures against AO & CIT & fines them for filing a frivolous appeal
ITO vs. Growel Energy Co. Ltd
(2014) TaxCorp(LJ) 3413 (ITAT-MUMBAI)
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