All landmark rulings

1. Direct Tax ·Delhi High Court · 18 Mar 2014
   Capital Gain - LTGC or STCG - Date of allotment which is relevant for the purpose of computing a holding period and not the date of registration of conveyance deed. The assessee acquired possession of the plot on 12.12.2005 and sold through a registered sale deed dated 9.1.2008. The assessee had acquired beneficial interest to the property at least 96% of the amount was paid i.e. by 3.10.1999. Hence, Assessee had acquired interest of the kind that can enable him to say that he “held” the asset for more than 36 months to entitle him to the benefit of long term capital gain.

   COMMISSIONER OF INCOME TAX vs K RAMAKRISHNAN

   (2014) TaxCorp(LJ) 3217 (HC-DELHI)

2. Direct Tax ·ITAT Bangalore · 11 Apr 2014
   S. 132, Addition based on oath of unrelated party - ITAT deleted the addition by AO relying on ADIT (Inv) report, where ADIT (Inv) came to a conclusion by relying on the statement of Sri Aga, Director of APIPL, on oath. As matter of fact APIPL had nothing to do with the transaction between the assessee and the sellers.

   ACIT vs Ashad Valmark

   (2014) TaxCorp(LJ) 3216 (ITAT-BANGALORE) · Section 132

3. Direct Tax ·ITAT Kolkata · 11 Nov 2013
   Date of allotment letter is to be considered as date of acquisition of right in the property.

   Anindya Dutta vs Deputy Director of Income-tax (International Taxation)

   (2014) TaxCorp(LJ) 3215 (ITAT-KOLKATA)

4. Direct Tax ·ITAT Pune · 23 Aug 2012
   No disallowance u/s 40(a)(ia) on tax not deducted of amount being outstanding payment which represents the work-in-progress and not claimed as expenditure in the P&L Account.

   ACIT vs Dreams Constructions

   (2014) TaxCorp(LJ) 3214 (ITAT-PUNE) · Income Tax Section 40(a)(ia)

5. Direct Tax ·ITAT Ahmedabad · 19 Mar 2014
   Penalty cannot be imposed for the first time in Revision proceedings – Gujarat VAT Tribunal

   Kunal Structure (India) Pvt. Ltd. V/S The State Of Gujarat

   (2014) TaxCorp(LJ) 3213 (ITAT-AHMEDABAD)

6. Direct Tax ·Bombay High Court · 24 Apr 2014
   Costs of Rs. 1 lakh levied on dept for “gross abuse of process of Court“. Later revoked on assurance that judicial orders would be abided

   CIT vs. Kisan Ratilal Choksey Share & Securities

   (2014) TaxCorp(LJ) 3212 (HC-BOMBAY)

7. Direct Tax ·Bombay High Court · 24 Apr 2014
   Dept given “last opportunity” and warned of “heavy costs” for wasting judicial time by filing appeal on covered matters

   CIT vs. Kirloskar Oil Engines Ltd (Bombay High Court)

   (2014) TaxCorp(LJ) 3211 (HC-BOMBAY)

8. Direct Tax ·ITAT Mumbai · 07 Feb 2014
   Addition for Subscription to share Capital by Kolkata based companies

   M/s Orchid Industries Pvt. Ltd. vs. DCIT

   (2014) TaxCorp(LJ) 3210 (ITAT-MUMBAI) · Section 131

9. Direct Tax ·ITAT Mumbai · 05 Feb 2014
   Addition for loan received after deposit of Cash in Bank Account of loaner

   Ghisulal S. Jain(HUF) Vs. CIT

   (2014) TaxCorp(LJ) 3209 (ITAT-MUMBAI)

10. Direct Tax ·Supreme Court · 17 Apr 2014
    Deal with the misuse of Public Interest Litigation with iron hand – SC

    JAIPUR SHAHAR HINDU VIKAS SAMITI TR.PRES Vs. STATE OF RAJASTHAN TR.CHIEF SEC.& ORS.

    (2014) TaxCorp(LJ) 3208 (SC)

11. Direct Tax ·Supreme Court · 17 Apr 2014
    Pvt firms including telecom Companies come in CAG ambit – SC

    ASSO.OF UNIFIED TELE.SERV.PROV.& ORS. Vs. UNION OF INDIA & ORS.

    (2014) TaxCorp(LJ) 3207 (SC)

12. Direct Tax ·Bombay High Court · 08 Apr 2014
    Parliament can impose Service Tax on Restaurants & Hotels – Bombay HC

    Indian Hotels and Restaurant Association Versus Union of India

    (2014) TaxCorp(LJ) 3206 (HC-BOMBAY) · S.65(105)(zzzzv)

13. Direct Tax ·Supreme Court · 15 Apr 2014
    SC grants recognition to transgenders / Eunuchs as third gender

    National Legal Services Authority Versus Union of India

    (2014) TaxCorp(LJ) 3205 (SC)

14. Direct Tax ·Supreme Court · 15 Apr 2014
    Govt woman employee can get uninterrupted 2-yr leave for child care – SC

    Kakali Ghosh Versus Chief Secretary

    (2014) TaxCorp(LJ) 3204 (SC)

15. Direct Tax ·ITAT Hyderabad · 27 Dec 2011
    Mere subsequent Commercial use of Residential Property not take away benefit u/s.54F

    Shri M.V.Subramanyeswara Reddy (HUF) & Others Versus DCIT

    (2014) TaxCorp(LJ) 3203 (ITAT-HYDERABAD) · S.54F

16. Direct Tax ·ITAT Hyderabad · 21 Jan 2014
    Mere non residential use subsequently would not render property ineligible for benefit U/s. 54F

    Shyamlal Tandon Vs. ITO

    (2014) TaxCorp(LJ) 3202 (ITAT-HYDERABAD) · S. 54F

17. Direct Tax ·ITAT Mumbai · 04 Apr 2014
    ITAT Confirms Addition of 1% Commission on Total Hawala / Bogus Turnover

    M/s. Saroj Anil Steel P. Ltd. V/s. Income Tax Officer Ward-3(4)

    (2014) TaxCorp(LJ) 3199 (ITAT-MUMBAI)

18. Direct Tax ·Rajasthan High Court · 18 Apr 2014
    S. 234E: High Court issues notice on challenge to notices for levy of fee for failure to file TDS statement. Recovery of fee is subject to outcome of Petition

    Om Prakash Dhoot vs. UOI.

    (2014) TaxCorp(LJ) 3198 (HC-RAJASTHAN) · S. 234E

19. Direct Tax ·Rajasthan High Court · 26 Mar 2014
    Strictures passed regarding poor quality of orders of the ITAT. Government urged to ensure that only competent persons are appointed Members of the ITAT

    CIT Vs. Ram Singh

    (2014) TaxCorp(LJ) 3197 (HC-RAJASTHAN)

20. Direct Tax ·Supreme Court · 20 Mar 2014
    S. 244A: Deductor entitled to interest on refund of excess TDS from date of payment

    UOI vs. Tata Chemicals Ltd.

    (2014) TaxCorp(LJ) 3196 (SC) · S. 244A

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