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Companies attracting MAT to pay interest U/s 234B and 234C upon default in payment of advance tax
Ginni Filaments Ltd. Mathura vs Commissioner Of Income Tax
(2014) TaxCorp(LJ) 3400 (HC-ALLAHABAD)
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Assessee cannot be denied credit for TDS on the ground of discrepancy in Form 26AS filed by the deductor
LSG Sky Chef (India) Pvt. Ltd vs. DCIT
(2014) TaxCorp(LJ) 3399 (ITAT-DELHI)
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S. 271(1)(c): Fact that assessee has huge carry forward losses and depreciation and filed a nil return suggests that there is no motive or incentive to make a bogus claim in the return.
Toscana Lasts Limited vs. ITO
(2014) TaxCorp(LJ) 3398 (ITAT-DELHI)
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Unsigned cheque found with third party, initiation of proceedings u/s 153C is illegal as the condition precedent for invoking the jurisdiction u/s 153C has not been satisfied. Further if AO does not assess income for which reasons were recorded u/s 147 of the Act, he cannot assess other income.
Mookambika Developers vs ACIT
(2014) TaxCorp(LJ) 3397 (ITAT-BANGALORE)
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Processing of crude ore and waste i.e tailings usable or marketable are entitled for deduction u/s 10B.
ACIT vs. Ramacanta Velingkar Minerals
(2014) TaxCorp(LJ) 3396 (ITAT-PANAJI)
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ITAT upheld 10% disallowance on expenditure on sales promotion expenses by pharmaceutical company
ACIT vs Geno Pharmaceuticals Ltd
(2014) TaxCorp(LJ) 3395 (ITAT-PANAJI)
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S. 54F - Absence of completion and possession not relevant - Any payment made towards acquisition of a new residential house by way of making payment in advance even by booking or by paying installments within the prescribed has to be is treated as investment towards purchase/construction of a new house. The assessee is entitled for exemption under section 54F of the Act.
Ram Prakash Miyan Bazaz vs DCIT
(2014) TaxCorp(LJ) 3394 (ITAT-JAIPUR)
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ITAT direct the AO to work out the LTCG on aforementioned observation. The long term capital gains are to be worked out by providing index cost of acquisition qua the actual payment of each installments.
Anuradha Mathur vs. ACIT
(2014) TaxCorp(LJ) 3393 (ITAT-DELHI)
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Due to generation of incidental surplus by educational institution – exemption u/s 10(23C) will not be denied.
Council For The Indian School, Certificate Examinations Vs. Director General of Income Tax
(2014) TaxCorp(LJ) 3392 (HC-DELHI)
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Provisions of S. 2(22)(e) shall not apply to sum advanced to shareholder in ordinary course of business
Commissioner of Income Tax vs Shri Madurai Chettiyar Karthikeyan
(2014) TaxCorp(LJ) 3391 (HC-MADRAS)
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S. 73(1), assessee bieng a share broker is entitled to set off loss incurred in transactions of derivatives and day trading of shares against its profits and gains from purchase and sale of shares on delivery basis
CIT vs Baljit Securities (P.) Ltd
(2014) TaxCorp(LJ) 3390 (HC-CALCUTTA)
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High Court’s order on complaint of contempt by Judicial Member of ITAT against CA reveals sorry state of inter-se in-fighting between Hon’ble Members of the ITAT and members of the Bar
State of U. P. vs. S. K. Garg
(2014) TaxCorp(LJ) 3389 (HC-ALLAHABAD)
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If no additions made on grounds of reassessment, than no addition can be made on other aspects
Rajeev Kumar Goyal Vs. ITO
(2014) TaxCorp(LJ) 3388 (ITAT-AGRA)
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Charity from loan taken is Not a valid reason for denying sec 12AA registration
Neesu Human Resource & Welfare Society. Vs. CIT
(2014) TaxCorp(LJ) 3387 (ITAT-AGRA) · Section 12AA
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Section 54F relief remains despite commercial use of residential house
N. Revathi Vs. ITO
(2014) TaxCorp(LJ) 3386 (ITAT-HYDERABAD) · Section 54F
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Interest Us/ 234B & 234C payable on failure to pay advance tax in respect of tax payable u/s 115JA/115JB
Ginni Filaments Ltd. Vs. CIT.
(2014) TaxCorp(LJ) 3385 (HC-ALLAHABAD) · Sections. 234B, 234C, 115JA, 115JB
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S. 271(1)(c): Fact that assessee has huge carry forward losses and depreciation and filed a nil return suggests that there is no motive or incentive to make a bogus claim in the return
Toscana Lasts Limited vs. ITO
(2014) TaxCorp(LJ) 3384 (ITAT-DELHI) · Section 271(1)(c)
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S. 153(3) Expl 3/ 267: Benefit of extended period of limitation to pass assessment order pursuant to finding/ direction of appellate authority not available if affected party not heard
Gaurav Luthara vs. ITO
(2014) TaxCorp(LJ) 3383 (ITAT-AGRA) · Section 153(3)
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Assessee must be allowed TDS credit based on TDS certificate even if same is not reflected in 26AS
LSG Sky Chef (India) (P.) Ltd. Vs. DCIT
(2014) TaxCorp(LJ) 3382 (ITAT-MUMBAI)
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Transfer of loan through journal entry is not violation of sec 269
ITO Vs. Sh. Dinesh Jain
(2014) TaxCorp(LJ) 3381 (HC-DELHI) · Section. 269
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