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Sections 50A, 55A - Under old provision, the AO can refer the property for valuation as on 01.04.1981.
INCOME TAX OFFICE vs SMT HETAL RAKESHBHAI DESAI
(2014) TaxCorp(LJ) 2619 (ITAT-AHMEDABAD) · Income Tax Sections 50A, 55A
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S. 68 – Burden of proof - Identity, creditworthiness of the shareholders and genuineness of the transaction to be established.
CIT vs Globus Securities & Finance (P.) Ltd
(2014) TaxCorp(LJ) 2618 (HC-DELHI) · Income Tax Section 68
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S. 41(1): Unclaimed liabilities (of earlier years), which are shown as payable in the accounts, are not taxable as income even if creditors untraceable & liabilities are non-genuine
CIT vs BHOGILAL RAMJIBHAI ATARA
(2014) TaxCorp(LJ) 2617 (HC-GUJARAT) · Income Tax Section 41(1)
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Provisions of section 292BB cannot be applied in a case where admittedly no notice u/s. 143(2) had been issued within the time limit prescribed in law.
Amiti Software Technologies Pvt. Ltd vs ITO
(2014) TaxCorp(LJ) 2616 (ITAT-BANGALORE) · Income Taax Section 292BB
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AO failing to issue notice u/s 143(2) within time limit merely because the assessee participated or that the notice was issued later on would not cure the jurisdictional defect. What would be the position in view of the provisions of section 292BB of the Act is not necessary for us to opine since such provision was introduced only with effect from 1.4.2008, and therefore, was not in the statute book during the period under consideration.
CIT vs BHARAT G PATEL
(2014) TaxCorp(LJ) 2615 (HC-GUJARAT) · Income Tax Section 292BB
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Section 14A disallowance has to be applied while computing book profits under clause (f) of Explanation to s. 115JA
CIT vs GOETZE (INDIA) LIMITED
(2014) TaxCorp(LJ) 2614 (HC-DELHI) · Income Tax Section 14A, 115JA
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S. 14A & Rule 8D: If AO does not deal with assessee’s arguments, it means that he had not reached objective satisfaction that assessee’s method is incorrect & cannot invoke Rule 8D
Kalyani Steels Ltd vs Addl. Commissioner of Income Tax
(2014) TaxCorp(LJ) 2613 (ITAT-PUNE) · Income Tax Section 14A r.w Rule 8D
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Section 80P(4) applies only to credit co-operative banks but not to credit co-operative societies
ITO vs Grain Merchants Credit Co-operative Society Ltd
(2014) TaxCorp(LJ) 2612 (ITAT-BANGALORE) · Income Tax 80P(4)
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“ Section 80P(4) applies only to credit co-operative banks but not to credit co-operative societies”.
ITO vs Divyajyothi Credit Co-operative Society Ltd
(2014) TaxCorp(LJ) 2611 (ITAT-BANGALORE) · Income Tax Section 80P(4)
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Section 80P(4) applies only to credit co-operative banks
CIT vs SURAT VANKAR SAHAKARI SANGH LTD
(2014) TaxCorp(LJ) 2610 (HC-GUJARAT) · Income Tax Section 80P(4)
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Assessing officer cannot invoke rule 8D for making disallowance under 14A without demonstrating that the claim of assessed is incorrect. Interest paid cannot be considered for making disallowance under section 14A if the funds had been used by assessee for the purposes of business and not for making investments which can yield tax free income.
Bharatiya Reserve Bank vs DCIT
(2014) TaxCorp(LJ) 2609 (ITAT-BANGALORE) · Income Tax Section 14A r.w Rule 8D(2)(iii)
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Interest - free loans advanced by the assessee – a flagship company to its sister concerns were in the normal course of business for the purposes of its business based on commercial expediency. Interest on loan given by sister concern cannot be disallowed in the hand of flagship.
Bagmane Developers Private Limited vs DCIT
(2014) TaxCorp(LJ) 2608 (ITAT-BANGALORE)
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S. 80IB(10) - Since the project in the instant case was approved on 12-10-2001, i.e. prior to 01-04-2005, therefore, in view of the decision of Brahma Associates the amended provisions of section 80IB(10) w.e.f. 01-04-2005 restricting the commercial area in a housing project are not applicable in the present case and the assessee is eligible for deduction u/s.80IB(10) of the Act.
Kumar & Potnis Properties Pvt. Ltd vs DCIT
(2014) TaxCorp(LJ) 2607 (ITAT-PUNE) · Income Tax Section 80IB(10)
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No addition can be made pursuant to section 153A/ 153C proceedings in the absence of any incriminating material or inquiries based on such material.
ACIT vs Shri Manoj Narain Aggarwal
(2014) TaxCorp(LJ) 2606 (ITAT-DELHI) · Income Tax Section 153A, 153C
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Prior to 1st April 2007, the explanation to Section 115JB referring to the term "Book Profit" included the expenditure and income relatable to any income to which section 10A or section 10B applied for the purpose of increase in the book profit and the income itself for the purpose of decreasing the book profit. It is precisely therefore that the CIT [A] has given a direction for working out the book profit of the assessee by applying the said formula. This is in consonance with the provisions of Section 115JB and in particular explanation thereof, as it stood at the relevant time. The said provision was materially changed, however, later on. Since CIT [A] has given direction, as were confirmed by the Tribunal which were in consonance with the statutory provisions prevalent at the relevant time, no reason to consider this question also.
Commissioner Of Income Tax vs Ace Software Exports Ltd
(2014) TaxCorp(LJ) 2605 (HC-GUJARAT) · Income Tax Section 115JB
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Imposition of penalty under Section 271(a) stands on a different footing from penalty under Section 271(c).
Medical Land vs CIT
(2014) TaxCorp(LJ) 2604 (HC-KERALA) · Income Tax Section 132, 158B, 271(1)(c)
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Share trading business on own behalf is "jobbing"; Jobbing is not speculative in view of proviso(c) to section 43(5).
Commissioner Income Tax vs Sri Ram Kishan Gupta
(2014) TaxCorp(LJ) 2603 (HC-ALLAHABAD) · Income Tax Section 43(5)
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Devdas Rama Mangalore vs CIT and ors
(2014) TaxCorp(LJ) 2602 (HC-BOMBAY) · Income Tax Section 119(2)(b)
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ITO vs Anson Financial Holidays
(2014) TaxCorp(LJ) 2601 (ITAT-COCHIN) · income Tax Section 40(a)(ia), 40A(2)(b)
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All India Children Care & Educational Development Society
(2014) TaxCorp(LJ) 2600 (HC-ALLAHABAD) · Income Tax Section 143(2), 143(1)
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