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The assessee is entitled to its claim of exemption on the income derived from warehousing charges, supervision charges, fumigation charges, weigh bridge receipts and sale of tender forms and interest collected on belated refund of advance alone; however, on the income from house property, income on bank deposits, loans and advances made to the members of the staff, interest on fixed deposits and dividend income, the assessee is not entitled to any relief of exemption under Section 10(29) of the Income Tax Act.
Tamilnadu Warehousing Corporation vs Income Tax Officer
(2014) TaxCorp(LJ) 2719 (HC-MADRAS) · Income Tax Section 10(29)
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Any income disclosed in the form of assets u /s 132(4) r.w. sub-section (2) of section 271AAA cannot be a ground for imposition of penalty as the assessee has paid taxes alongwith interest as per statement itself which was modified on the basis of accrual working of income.
Shri Vinod Singhvi vs ACIT
(2014) TaxCorp(LJ) 2718 (ITAT-JODHPUR) · Income Tax Section 132(4) r.w.s Expl. (5) to Section 271(1)(c)/sub-section (2) of section 271AAA
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Amount which was earned by the assessee on these deposits made with it, minus any legitimate expenses incurred in the business, would amount to income of the assessee the deposits themselves could not amount to income.
Commissioner Of Income Tax (Central) vs Sahara India (Firm)
(2014) TaxCorp(LJ) 2717 (HC-ALLAHABAD)
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The term ‘relative’ has been defined in Explanation to Section 56(2), which includes Hindu Undivided Family. However, HUF has been included in the list of ‘relative’ by the Finance Act, 2009 w.e.f. 01-10-2009. The case in hand relates to the AY.2008-09, the assessee cannot take the benefit of the amendment from retrospective effect. The assessee is liable to pay tax on the cash gift received during the AY.2008-09.
M Veluswamy vs Income Tax Officer
(2014) TaxCorp(LJ) 2716 (ITAT-CHENNAI) · Income Tax Section Section 56(2)
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Demerger, set-off of brought forward losses of a demerged undertaking is permitted if the undertaking is hived off ‘as a going concern’.
KBD Sugars & Distilleries Ltd vs ACIT
(2014) TaxCorp(LJ) 2715 (ITAT-BANGALORE) · Income Tax Section 72(A)
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Merely pays booking amount more than one year prior to date of transfer, assessee can’t be denied Sec. 54F relief.
Gopilal Laddha vs ACIT
(2014) TaxCorp(LJ) 2714 (ITAT-BANGALORE) · Income Tax Section 54F
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Allotment letter or payment of first installment has entitled the assessee to claim a long term capital gain.
Madhu Kaul vs Commissioner of Income Tax
(2014) TaxCorp(LJ) 2713 (HC-P&H) · Income Tax Section 2(47)
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S. 54EC - 'Six months' shall mean a month reckoned according to the British calendar.
ALKABEN B. PATEL VS INCOME-TAX OFFICER
(2014) TaxCorp(LJ) 2712 (ITAT-AHMEDABAD) · Income Tax Section 54EC, General Clauses Act, 1897
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Courtyard cannot be included to calculate the built-up area in terms of Section 80IB(10)
Commonwealth Developers vs ACIT
(2014) TaxCorp(LJ) 2711 (HC-BOMBAY) · Income Tax Section 80IB(10)
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Four row houses being Bungalows having built up area exceeding 1500 sq.ft, were not part and parcel of the housing project, for which the deduction was claimed. The claim of the assessees for the buildings other than the four row houses was in consonance with the condition stipulated in Section 80IB(10) of the Act. Deduction u/s 80IB(10) allowable.
Commissioner of Income Tax vs Cajetano Mario Pereira
(2014) TaxCorp(LJ) 2710 (HC-BOMBAY) · Income Tax Section 80IB(10)
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Foreign travel expenses incurred by the director of the assessee company for exploring the prospects of export of the assessee’s products abroad is allowable business expenditure even if the director incurred such expenditure in the capacity of President of Indian Chemical Council
ACIT vs East India Pharmaceuticals Ltd
(2014) TaxCorp(LJ) 2709 (ITAT-CHENNAI) · Income Tax Section 37(1), 32
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Exemption u/s 54F - Approval of building plan is not necessary. Construction of new in place of old residential building, assessee is entitled to claim exemption u/s 54F.
B Sivasubramanian vs Income Tax Officer
(2014) TaxCorp(LJ) 2708 (ITAT-CHENNAI) · Income Tax Section 54F
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HC issue direction to CIT(A), to ensure expeditious disposal of the appeal.
BIMAL PAUL vs THE CHAIRMAN, CBDT & 3 ORS
(2014) TaxCorp(LJ) 2707 (HC-GAUHATI)
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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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