All landmark rulings

21,722 rulings

Desk: Both Direct Tax GST

Direct Tax ·ITAT Agra · 01 Nov 2013
Services in which human intervention is not required are not covered by scope of section 9(1)(vii)
Metro & Metro Vs. Additional Commissioner of Income Tax
(2013) TaxCorp(LJ) 2419 (ITAT-AGRA)
Direct Tax ·ITAT Mumbai · 06 Dec 2013
Disallowance u/s 14A for the period before AY 2008-09, should be restricted to 2% of dividend income
Shakuntaladevi Trade & Investments Pvt. Ltd. Vs. The ITO
(2013) TaxCorp(LJ) 2418 (ITAT-MUMBAI)
Direct Tax ·ITAT Mumbai · 02 Aug 2013
Ratio decidendi of a judgment prevails upo the contrary obiter dicta of another judgment
The Asstt.Commissioner of Income-tax Vs. M/s. Rishti Stock and Shares Pvt.Ltd.
(2013) TaxCorp(LJ) 2417 (ITAT-MUMBAI)
Direct Tax ·ITAT Hyderabad · 28 Jun 2013
Leasehold Rights Are Eligible For Depreciation
M/s Tirumala Music Centre (P) Ltd Vs. Asst. Commissioner of Income-tax
(2013) TaxCorp(LJ) 2416 (ITAT-HYDERABAD)
Direct Tax ·Calcutta High Court · 03 Apr 2013
SB verdict in Merilyn Shipping on S. 40(a)(ia) tds disallowance is not good law
COMMISSIONER OF INCOME TAX, KOLKATA-XI Versus CRESCENT EXPORT SYNDICATE
(2013) TaxCorp(LJ) 2415 (HC-CALCUTTA)
Direct Tax ·ITAT Mumbai · 28 Feb 2013
Liability Paid subsequently cannot be added to the income of the Assessee
Mr. Yusuf R Tanwar Vs. ITO
(2013) TaxCorp(LJ) 2414 (ITAT-MUMBAI)
Direct Tax ·ITAT Delhi · 13 Dec 2013
Assessment completed without issue of notice u/s. 143(2) was invalid
Shri Mohinder Kumar Chhabra Vs. Income Tax Officer
(2013) TaxCorp(LJ) 2413 (ITAT-DELHI)
Direct Tax ·ITAT Delhi · 13 Dec 2013
Reopening on the basis of vague / uncertain information on Accommodation Entry not valid
Income Tax Officer Vs. Mrs. Maya Gupta
(2013) TaxCorp(LJ) 2412 (ITAT-DELHI)
Direct Tax ·ITAT Delhi · 13 Dec 2013
Non-furnishing of balance sheet cannot lead to presumption that there was no cash in hand
Deputy Commissioner of Income Tax Vs. Shri Manish Kumar Aggarwal
(2013) TaxCorp(LJ) 2411 (ITAT-DELHI)
Direct Tax ·ITAT Mumbai · 11 Dec 2013
Unclaimed liabilities Assessable As Income Despite No Write-Back on failure to prove genuineness
Income Tax Department Vs. Shri Shailesh D. Shah
(2013) TaxCorp(LJ) 2410 (ITAT-MUMBAI)
Direct Tax ·Allahabad High Court · 13 Dec 2013
S. 271D No Penalty for acknowledging the debt in books, if there was no cash receipt by the Assessee
Commissioner Of Income Tax-II Kanpur Versus M/S Sher Cot Leather Craft Ltd. Kanpur
(2013) TaxCorp(LJ) 2409 (HC-ALLAHABAD)
Direct Tax ·Delhi High Court · 15 Jan 2013
No Disallowance u/s. 14A For Investment in shares made Out Of Commercial Expediency
CIT versus Oriental Structural Engineers Pvt. Ltd.
(2013) TaxCorp(LJ) 2408 (HC-DELHI)
Direct Tax ·Supreme Court · 16 Dec 2013
In case of Joint account only drawer of cheque liable for prosecution U/s. of N.I. Act : SC
Mrs. Aparna A. Shah Versus M/s Sheth Developers Pvt. Ltd. & Anr.
(2013) TaxCorp(LJ) 2407 (SC)
Direct Tax ·ITAT Chennai · 07 Nov 2013
Disallowance u/s 14A cannot be made without showing how the assessee’s calculation of disallowance is incorrect
Deputy Commissioner of Income Tax Vs. M/s. Allied Investments Housing P.Ltd.
(2013) TaxCorp(LJ) 2406 (ITAT-CHENNAI)
Direct Tax ·Calcutta High Court · 24 Jun 2013
HC to decide on true scope and ambit of Section 40(a) (ia)
COMMISSIONER OF INCOME TAX, XX, KOLKATA Versus SK. MAHASIN ALI
(2013) TaxCorp(LJ) 2405 (HC-CALCUTTA)
Direct Tax ·ITAT Ahmedabad · 13 Nov 2013
No addition u/s 41(1) merely because some liabilities are outstanding at year end
Shri Ahmedabad Flexible Tube Mfg. & Yarn Proc. Co. P. Ltd. Vs. ITO
(2013) TaxCorp(LJ) 2404 (ITAT-AHMEDABAD)
Direct Tax ·ITAT Ahmedabad · 13 Nov 2013
Depreciation @ 40% on vehicles used for running on hire to various parties without agreement allowable
M/s. Tirupati Construction Company vs. ACIT
(2013) TaxCorp(LJ) 2403 (ITAT-AHMEDABAD)
Direct Tax ·ITAT Panaji · 28 Aug 2013
Where assessee has also deducted TDS u/s 194J as well as 194C when the payments were made on behalf of Mr. B. Kumar Gowda, later Mr. B. Kumar Gowda reimbursed the said payments and also deducted TDS and issued TDS certificate in favour of the Assessee. ITAT upheld the order of Ld. CIT(A) direction given to AO to allow the credit to the Assessee in respect of Assessee’s claim for TDS amounting to Rs.24,32,285/- u/s 194J and Rs.31,461/- u/s 194C.
Asst. Commissioner of Income Tax vs Fomento (Karnataka) Mining Co. Pvt. Ltd
(2013) TaxCorp(LJ) 2402 (ITAT-PANAJI) · Income Tax Section 194J, 194C, 14A r.w. rule 8D
Direct Tax ·Karnataka High Court · 09 Oct 2013
Subvention payment from the parent/ principal to recoup losses of the subsidiary is taxable as revenue receipt - If the financial assistance is extended for repayment of the loan undertaken by the assessee for setting up new unit or for expansion of existing business then the receipt of such aid could be termed as capital in nature. On the other hand, if the financial assistance is extended to run business more profitably or to meet recurring expenses, such payment will have to be treated as revenue receipt. It is not the case of the assessee, in the present case, that the financial assistance was extended by Siemens AG either for setting up any unit or expansion of existing business or for acquiring any assets.
COMMISSIONER OF INCOME TAX vs SIEMENS PUBLIC COMMUNICATION NETWORKS LTD
(2013) TaxCorp(LJ) 2401 (HC-KARNATAKA)
Direct Tax ·Bombay High Court · 02 Dec 2013
CIT(A) held that the provisions of Section 2(47)(v) are not applicable for the assessment year 2003-04 and thereby deleted the addition of Rs.1,52,60,908/- made under the head, 'short term capital gain'.
CIT vs Shri Sadia Shaikh
(2013) TaxCorp(LJ) 2400 (HC-BOMBAY) · Income Tax Section 2(47)(v) and 53A of the Transfer of Property Act

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