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Expenditure incurred on maintenance, back-up and support services to existing hardware and software is revenue in nature
COMMISSIONER OF INCOME TAX I Versus N J INDIA INVEST PVT LTD
(2013) TaxCorp(LJ) 1566 (HC-GUJARAT)
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Penalty u/s 271(1)(c ) cannot be imposed on account of deeming fiction u/s. 50C
C.I.T.KOL-IV Versus MADAN TEATRES LTD.
(2013) TaxCorp(LJ) 1565 (HC-CALCUTTA)
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S. 43B Employees contributions to EPF/ESIC beyond due dates specified in relevant statutes, but before due date of filing ROI allowable
Commissioner of Income Tax VS. M/s Kichha Sugar Company Ltd.
(2013) TaxCorp(LJ) 1564 (HC-DELHI)
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Sexual advances or touching private parts of a patient by a doctor is unacceptable – HC
MADAN MOHAN GUPTA VS. THE STATE (GOVT. OF NCT OF DELHI)
(2013) TaxCorp(LJ) 1563 (HC-DELHI)
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CCIT approval u/s 10(23C)(vi) is for those who are not covered by 10(23C)(iiiab)/ 10(23C)(iiiad), "aggregate annual receipts" u/s 10(23C)(iiiab) , receipt of individual institution are to be considered.
Jat Education Society vs ITO
(2013) TaxCorp(LJ) 1562 (ITAT-DELHI) · Income Tax Section 10(23C)(iiiab)/ 10(23C)(iiiad)
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According to section 292BB, if an assessee has appeared in any proceeding or cooperated in any inquiry relating to such assessment, it shall be deemed that notice so required has been duly served upon him in time and such assessee shall be precluded from
Income Tax Officer vs Smt. Promila Gupta
(2013) TaxCorp(LJ) 1561 (ITAT-AMRITSAR) · Income Tax Section 292BB
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Actual liability towards premium paid on insurance policy is an allowable deduction u/s 37 being expenditure incurred for purpose of business.
The Barmer Central Cooperative Bank Limited vs. ACIT
(2013) TaxCorp(LJ) 1560 (ITAT-JODHPUR) · Income Tax Section 37, 234B, 234C
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CIT(A) had rightly held that payments being made by assessee to distributor were incentives and discounts and not commission u/s. 194H as relation between them is not of principal-agent but of principal-principal. Thus, assessee was not required to deduct
ITO Vs. Mr. Jai Beverages P. Ltd
(2013) TaxCorp(LJ) 1559 (ITAT-DELHI)
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Where an assessee has an export turnover exceed Rs. 10 crores and has made profits on transfer of Duty Entitlement Pass Book (DEPB) credit under clause (iiid) of section 28, he would not get benefit of addition to export profits under third or fourth prov
M/s. Divis Laboratories Ltd. vs The DCIT Circle-1(2) (Hyderabad)
(2013) TaxCorp(LJ) 1558 (ITAT-HYDERABAD) · Income tax Section 80HHC
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S. 45(5)(b), the taxability of income shall be in the year of receipt.
The Commissioner of Income Tax vs Smt. Rani Tara Devi
(2013) TaxCorp(LJ) 1557 (HC-P&H) · Income Tax Section 2(14), 45(5)(b)
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S. 11(5)(x) - Investment even in commercial property assets remains charitable purposes so long as the income generated by it is applied to charitable objects.
DIRECTOR OF INCOME TAX (EXEMPTION) vs ABUL KALAMAZAD ISLAMIC AWAKENING
(2013) TaxCorp(LJ) 1556 (HC-DELHI) · Income Tax Section 11(5), 12AA
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U/S. 12AA(2) - Period of six months as provided is “not mandatory” is only directory.
Commissioner of Income Tax vs Sheela Christian Charitable Trust (Madras)
(2013) TaxCorp(LJ) 1555 (HC-MADRAS) · Income Tax Section 12AA
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Under the provisions of Section 391 the Central Government and the IT Authority do not have any powers to intervene or to be heard on any scheme which is filed seeking sanction of this Court u/s 391 of the Companies Act.
Commissioner of Income Tax vs Sesa Goa Limited (Bombay at Goa)
(2013) TaxCorp(LJ) 1554 (HC-BOMBAY)
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Co-Operative Society: Charging of transfer fees had no element of trading or commerciality
ITO vs M/s Somerseset Place Co-op. Housing Society Ltd
(2013) TaxCorp(LJ) 1553 (ITAT-MUMBAI)
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Where two views are possible, ITO has taken one view with which the Commissioner does not agree, it cannot be treated as an erroneous order prejudicial to the interests of the Revenue unless the view taken by the Income-tax Officer is unsustainable in law
M/s. Parthas Vs. CIT
(2013) TaxCorp(LJ) 1552 (ITAT-COCHIN) · Income Tax Section 143(3) read with sec. 153A
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S. 50C: TDR/FSI cannot be the subject matter of sec. 50C, As per the Land Acquisition Act once the notification is issued then assessee loses the title of the land or property. Ultimately, what has to be considered is the net area available with assessee
Income-tax Officer vs Shri Prem Rattan Gupta
(2013) TaxCorp(LJ) 1551 (ITAT-MUMBAI) · Income Tax Section 50C
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S. 14A & Rule 8D: Expense specifically relatable to taxable income cannot be disallowed
JCIT vs vs M/s. Pilani Investment & Industries Corpn. ltd
(2013) TaxCorp(LJ) 1550 (ITAT-KOLKATA) · Income Tax Section 14A rule 8D
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Penalty u/s. 271B not liable where Audit Report obtained before due date but return filed after due late.
M/s. B.D.Leasing & Finance Ltd. vs ACIT
(2013) TaxCorp(LJ) 1549 (ITAT-MUMBAI) · Income Tax Section 44AB, 271B, 271F
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Penalty u/s. 271B not liable where Audit Report obtained before due date but return filed after due late.
M/s. B.D.Leasing & Finance Ltd. vs ACIT
(2013) TaxCorp(LJ) 1548 (ITAT-HYDERABAD) · Income Tax Section 44AB, 271B, 271F
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Penalty u/s 271(1)(c) is neither mandatory nor automatic, merely excepting the deficit cash balance found in the cash book, no other incriminating material was found during the survey operation penalty cannot be imposed.
Pooja Jewellers vs ITO
(2012) TaxCorp(LJ) 1547 (ITAT-HYDERABAD) · Income Tax Section 271(1)(c)
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