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ITAT restore the issue back to AO with direction to include not only the profit and gains from the export of the articles but also all the incomes which are taken by the Assessee confirmation of the exclusion of the miscellaneous income, interest from bank, dispatch earned and sundry creditors written back for computation of eligible profit u/s 10B of the Act.
Sociedade De Fomento Industrial Pvt. Ltd vs DCIT
(2014) TaxCorp(LJ) 2706 (ITAT-PANAJI) · Income Tax Section 10B, 147, 143(2), 148
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S. 54EC – 6 Month Means 6 British calendar Months
AQUATECH ENGINEERS vs. ADDITIONAL COMMISSIONER OF INCOME TAX
(2014) TaxCorp(LJ) 2705 (ITAT-MUMBAI)
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Legal profession is not business or trade – SC
DHANRAJ SINGH CHOUDAHRY VERSUS NATHULAL VISHWAKARMA
(2014) TaxCorp(LJ) 2704 (SC)
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Section 23 of NDPS Act not applies to transport of Indian ganja – SC
Union of India Versus Sheo Shambhu Giri
(2014) TaxCorp(LJ) 2703 (SC)
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Merely because the copy of the registration u/s 12A is not available with the assessee and the revenue department is not able to trace the file, the copy of the registration, it cannot be said that the assessee is not eligible for recognition u/s 80G of the Act.
The Andhra Pradesh Federation of Chambers Of Commerce and Trade vs DIT(E)
(2014) TaxCorp(LJ) 2702 (ITAT-HYDERABAD) · Income Tax Section 12A, 80G
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Non-filing of Form No. 15G and 15H within the prescribed time
Vijaya Bank vs Income Tax Officer (TDS)
(2014) TaxCorp(LJ) 2701 (ITAT-DELHI) · Income Tax Section 197A
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S. 56(2)(vii) does not apply to bonus & rights shares offered on a proportionate basis even if the offer price is less than the FMV of the shares.
Sudhir Menon HUF vs Asst. CIT
(2014) TaxCorp(LJ) 2700 (ITAT-MUMBAI) · Income Tax Section 56(2)(vii)
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S. 2(22)(e) - Loan and advances - Deemed dividend - Any payment by any company of any sum representing a part of the assets by way of advance would come within the mischief of deemed dividend. It would seem that deposits made by a closely-held company would also be covered by the expressions advance or loan. Advances given by a company to its shareholders should be treated as payment out of accumulated profits of the company, whether capitalised or not, and should be treated as dividend and would go to reduce the tax liability, whenever such tax liability was required to be determined. Assessee failed to establish that substantial part of the business of company was money lending - Lower Authorities rightly observed that amount of Rs. 37,28,059/- was to be included in the income of assessee as deemed dividend u/s. 2(22)(e) of the Act.
Krishna Gopal Maheshwari vs Addl. Commissioner Of Income Tax
(2014) TaxCorp(LJ) 2699 (HC-ALLAHABAD) · Income tax Section 2(22)(e)
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Assessing Officer not to take advantage of the assessee’s ignorance and/or mistake
Ideal Homes Cooperative Building Society Ltd vs ACIT
(2014) TaxCorp(LJ) 2698 (ITAT-BANGALORE) · Income Tax Section 139(5), 80P(2)(d)
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S. 80- O, assessee is rendering services in India to a foreign company, hence he is not entitled for any deduction.
H Raghavendra Rao vs DCIT
(2014) TaxCorp(LJ) 2697 (HC-KARNATAKA) · Income Tax Section 80-O
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S. 80IA(4) - Developed the existing road median, erected bus shelters and light poles for its advertisement business, cannot be treated as infrastructure development. Benefit under Section 80-IA can be extended only to those assessees who have developed infrastructure facility as defined under sub-Section (4) of Section 80- IA. In the instant case, the assessee has not developed road or a toll road, bridge, highway or a rail system. The order passed by the Tribunal cannot be sustainable. Accordingly, the questions of law in these appeals are held in favour of the Revenue and against the assessee. The order passed by the Tribunal is set aside and the order passed by the authorities below are up held.
CIT vs SKYLINE ADVERTISING PVT. LTD
(2014) TaxCorp(LJ) 2696 (HC-KARNATAKA) · Income Tax Section 80IA(4)
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It is only the objects of a trust as declared in the trust deed which would govern its right of exemption under Section 11 or 12.
CIT vs DAWOODI BOHARA JAMAT
(2014) TaxCorp(LJ) 2695 (SC) · Income Tax Section 11,12, 13(1)(b)
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S. 10(14)(i) - Normal dress worn by employees in office is not ‘uniform’ for the purposes of exemption uniform allowance u/s 10(14)(i).
ONGC vs ACIT
(2014) TaxCorp(LJ) 2694 (ITAT-AHMEDABAD) · Income Tax Section 10(14)(i)
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Sections 11, 12, 12AA - "corpus funds" - "Application of funds" - Granting registration does not ipse dixit entitle the assessee to get the benefit under Section 11 or 12. Investment made in immovable property - Donations so received are to be considered as normal donation and cannot be considered as donations towards corpus fund. Commercial complex was not used for any of the objects for which the trust was created but had been used to let out to commercial organizations to earn rent.
KAMMA SANGHAM vs DIT(E)
(2014) TaxCorp(LJ) 2693 (HC-AP) · Sections 11, 12, 12AA
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Provident Fund – Interest under Section 7Q of the Act for belated remittances - Supreme Court upheld that 7Q dues regarding imposition of Interest for belated remittance under the Act is not appealable before the Tribunal, if EPF Authority passes an independent order laiming interest separately under section 7Q from that of 7A dues.
Arcot Textile Mills Ltd. vs The Regional Provident Fund Commissioner and others
(2014) TaxCorp(LJ) 2692 (SC)
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Hon`ble High court upheld the order passed by ITAT reported in (2014) TaxCorp(LJ) 2717 (ITAT-HYDERABAD)
CIT vs Sri Sitendranarayan Mahendra Narayan Rai
(2014) TaxCorp(LJ) 2691 (HC-AP) · Section 143(1), 147, 2(47)(v), 53A of TPA
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Unregistered agreement of sale
Sri Sitendranarayan Mahendra Narayan Rai vs ITO
(2014) TaxCorp(LJ) 2690 (ITAT-HYDERABAD) · Section 143(1), 147, 2(47)(v), 53A of TPA
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Old Government Circular prescribing the guidance value for stamp duty can be placed reliance by the AO to reopen the assessments u/s 147 r.w.s 148 of the Act.
CIT vs M L Sridhar
(2014) TaxCorp(LJ) 2689 (HC-KARNATAKA) · Income Tax Section 147 r.w.s 148
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Non deduction of tax - Payment cannot be considered as payment towards work executed by GAIL and HPCL in the course of work contract. Reimbursement of salary to the deputed personnel would not attract deduction of tax at source.
Deputy CIT vs. Bhagyanagar Gas Ltd
(2014) TaxCorp(LJ) 2688 (ITAT-HYDERABAD)
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The word “contribution” used in Clause(b) of Section 43B means the contribution of the employer and the employee. Employees PF contribution deposited before due date of filing of tax return is eligible for deduction to employer.
ESSAE TERAOKA PVT LTD vs THE DEPUTY COMMISSIONER OF INCOME-TAX
(2014) TaxCorp(LJ) 2687 (HC-KARNATAKA) · Income Tax Sections 2(24)(x), 14A, 36(1)(va), 43B, 139(1), 143(1), 143(2), 143(3), 260A, rule 8D
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