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S. 40(a)(ia) TDS Disallowance - 'Paid and Payable" - View in favour of the assessee should be followed
Income-tax Officer vs Theekathir Press
(2013) TaxCorp(LJ) 2446 (ITAT-CHENNAI) · Income Tax Section 40(a)(ia)
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Section 40(a)(ia) applies only to those amounts ‘payable’ and not to those amounts ‘paid’
Asstt. Commissioner of Income-tax vs M/s Eskay Designs
(2013) TaxCorp(LJ) 2445 (ITAT-CHENNAI)
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S. 10(13A) ‘Salary’ does not include bonus for Calculation of HRA
Commissioner Of Income-Tax vs B. Ghosal
(2013) TaxCorp(LJ) 2444 (HC-KERALA)
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S. 10(13A) ‘Salary’ does not include commission for Calculation of HRA
Commissioner Of Income-Tax vs H.V. Yazdi
(2013) TaxCorp(LJ) 2443 (HC-CALCUTTA)
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Disallowance U/s. 40(a)(ia) – TDS – View favourable to assessee must be adopted
The Income-tax Officer Vs. M/s.Theekathir Press
(2013) TaxCorp(LJ) 2442 (ITAT-CHENNAI)
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Short Deduction of TDS – Assessee cannot be treated in default if acted in bonafide manner
ACIT Vs Hughes Software Systems Ltd.
(2013) TaxCorp(LJ) 2441 (ITAT-DELHI)
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HRA allowable if rent is actually paid by the assesee
Commissioner Of Income-Tax vs P.D. Singhania
(2013) TaxCorp(LJ) 2440 (HC-ALLAHABAD)
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No estimation can be made by the AO for which no incriminating material were discovered and no estimations were made based on the theories of extrapolation and multiplication.
ACIT vs M/s. Thakkar Popatlal Velji Sales Ltd
(2013) TaxCorp(LJ) 2439 (ITAT-MUMBAI)
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S. 254 - Rectification of Tribunal's order - The decision of the Tribunal is based on the appreciation of the facts and the case laws. Therefore, the Miscellaneous Application filed by the revenue, does not relate to mistake apparent on the record rectifiable, under section 254(2). Since the revenue has gone in appeal before the High Court on the same very issues, this Tribunal in view of the decision of the Special Bench, ITAT, Mumbai in the case of Tata Communications Ltd. v. Jt. CIT [2009] 121 ITD 384 cannot interfere in its order. In the result, the application filed by the revenue stands dismissed.
Assistant Commissioner of Income-tax vs Sesa Goa Ltd
(2013) TaxCorp(LJ) 2438 (ITAT-PANAJI) · Income Tax Section 254
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Assessment cannot be held invalid for delay in service of order
Income-tax Officer vs Shri Subrata Roy
(2012) TaxCorp(LJ) 2437 (ITAT-KOLKATA) · Income Tax Act 143(3)
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S. 260A(4) - High Court has power to hear the appeal on questions not formulated at the stage of admission of the appeal
CIT vs MASTEK LTD.
(2013) TaxCorp(LJ) 2436 (SC) · Income Tax Section 260A(4)
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Where conditions regarding penalty are not mentioned in the assessment order, mere mention of “Penalty proceedings u/s 271(1)(c) initiated separately” does not comply with the provisions of section 271(1)(c), even in light of the deeming provision of section 271(1B).
Commissioner of Income Tax vs MWP Ltd
(2013) TaxCorp(LJ) 2435 (HC-KARNATAKA) · Income Tax Section 271(1)(c), 271(B)
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S. 271D, 269SS - Penalty is levied under Section 271D for the violation of the provision of Section 269SS of the Act. Hon`ble high court noted that the Tribunal in its order, after examining the entire material on record, had observed that the company made entries in the books of account for acknowledging the debt and as such there was no cash receipt on the part of the assessee/company, and as such there could be no penalty u/s 271D for the violation of the provision of Section 269SS of the Act, in respect of book entries.
Commissioner Of Income Tax VS Sher Cot Leather Craft Ltd
(2013) TaxCorp(LJ) 2434 (HC-ALLAHABAD) · Income Tax Section 271D, 269SS
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S. 68 - Assessee has not discharged the onus satisfactorily and the additions made by the AO was justified and sustainable and the order of the Tribunal ignoring and nor dealing with the factual findings recorded by the assessing officer is perverse.
COMMISSIONER OF INCOME TAX vs N TARIKA PROPERTIES INVESTMENT PVT. LTD
(2013) TaxCorp(LJ) 2433 (HC-DELHI) · Income Tax Section 68
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S. 14A and Rule 8D - Expenditure on acquiring shares out of “commercial expediency” & to earn taxable income cannot be disallowed
CIT vs ORIENTAL STRUCTURAL ENGINEERS PVT LTD
(2013) TaxCorp(LJ) 2432 (HC-DELHI) · Income Tax Section 14A and Rule 8D
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S. 14A & Rule 8D- Onus is on AO to show how assessee’s claim is incorrect. AO has to show direct nexus between expenditure & exempt income. Disallowance cannot be made on presumptions
Deputy Commissioner of Income Tax vs Allied Investments Housing
(2013) TaxCorp(LJ) 2431 (ITAT-CHENNAI) · Income Tax Section 14A andRule 8D
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A.Y 2003-04 - Bad debts written off pertaining to urban branches of Bank are eligible for deduction under section 36(1)(vii) and there is no prohibition under section 36(1)(viia) to claim deduction in respect of the same.
DCIT vs City Union Bank Ltd
(2013) TaxCorp(LJ) 2430 (ITAT-CHENNAI) · Income Tax Section 36(1)(vii), 36(1)(viia)
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Mere fact that an income is not exempt u/s 11 would not by itself render Tamil Nadu Cricket Association's registration u/s 12AA liable to be cancelled. For invoking Section 12AA read with Section 2(15) of the Act, Revenue has to show that the activities are not fitting with the objects of the Association and that the dominant activities are in the nature of trade, commerce and business.
Tamil Nadu Cricket Association vs Director of Income-tax (Exemptions)
(2013) TaxCorp(LJ) 2429 (HC-MADRAS) · Income Tax Section 2(15), 11, 12AA
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Law on taxability of voluntary donations as “anonymous donations” u/s 115BBC or as “cash credit” u/s 68 in hands of charitable trust explained
Sunder Deep Educational Society vs Addl. CIT
(2013) TaxCorp(LJ) 2428 (ITAT-DELHI) · Income Tax Section 11, 115BBC, 68
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The benefit of sections 11 & 12 of the Act could not be denied in assessment on the ground of the entity being not liable for registration u/s. 12A, i.e., without cancelling or withdrawing the said registration. The only course available in law for the Revenue, where it is of the view that the assessee is no longer eligible for registration under the Act as a charitable or religious institution, as the case may be, or, rather, its' continuation, is to either cancel or withdraw the same.
ITO (Exemption) vs K C Mahindra Education CECIL
(2013) TaxCorp(LJ) 2427 (ITAT-MUMBAI) · Income Tax Section 11, 12
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