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Merely because the Assessee has engaged outsiders for transportation or leased out some of the so downs for storage does not mean that the Assessee is not engaged in the integrated business of handling and storage of food grains.
LTC Commercial Company Pvt. Ltd Vs ACIT
(2021) TaxCorp(LJ) 27909 (ITAT-DELHI) · Section 80-IB(11A)
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If an assessee filed a declaration and pay specified taxes as per the scheme and withdraw the appeal pending before the appellate authorities, the Designated Authority shall pass an order in Form 5 confirming payment made under the scheme and grant immunity from penalty and prosecution.
Ratna Foundation Vs The Income Tax Officer
(2021) TaxCorp(LJ) 27908 (ITAT-CHENNAI)
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When all the necessary details of the fund provider was available with the assessing officer, he was free to make the necessary enquiry and addition under section 68 in the hands of the recipient were unjustified.
Shalimar Housing & Finance Ltd Vs JCIT(OSD)
(2021) TaxCorp(LJ) 27907 (ITAT-MUMBAI) · Section 68
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Once Form no. 15G has been received by the assessee, disallowance under section 40(a)(ia) of the Act is uncalled for, despite its alleged non-submission to the department.
B. Nanji A. Mehta Lodha & Co. Vs The Income Tax Officer
(2021) TaxCorp(LJ) 27906 (ITAT-AHMEDABAD) · Sections 194A, 40(a)(ia)
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Section 263 could be taken if twin conditions viz. impugned order should be erroneous, and it should be prejudicial to the interest of the Revenue.
Kaushikbhai P. Patel Vs Pr.Commissioner of IT-7
(2021) TaxCorp(LJ) 27905 (ITAT-AHMEDABAD) · Section 263
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Income from unsold flats to be held as stock-in-trade and will be taxable under the head income from house property.
Dimple Enterprises Vs DCIT
(2021) TaxCorp(LJ) 27904 (ITAT-MUMBAI)
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Rule 17A nowhere envisages the existence of a trust deed or its registration, the factum of existence of trust can also be established by producing documents evidencing the creation of the trust.
The Panchkuva Cloth Merchant Association Vs The CIT
(2021) TaxCorp(LJ) 27903 (ITAT-AHMEDABAD) · Section 12AA
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There is no infirmity with the CIT(A)’s order, and thus, assessee’s grounds of appeal is dismissed.
Avtar Krishen Jalla Vs ITO
(2021) TaxCorp(LJ) 27902 (ITAT-DELHI) · Section 54
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No doubt, it is the duty of the assessee to intimate a change in address, but that does not give power to appellate authority to dismiss appeal of assessee for non-prosecution.
Kimiyoshi Muto Vs DCIT
(2021) TaxCorp(LJ) 27901 (ITAT-DELHI)
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CIT(E) erred in denying the approval u/s 80G applied by the assessee in Form 10G since the assessee is carrying out activities both religious and charitable in nature and expenditure of religious nature during the year have not exceeded 5% of the total receipts, assessee should be granted necessary approval u/s 80G.
SHRI SHRIDHAR GYAN PRASAR PARMARTHIK TRUST RAJGAD VERSUS CIT- (EXEMPTION) BHOPAL
(2021) TaxCorp(LJ) 27856 (ITAT-INDORE) · https://taxcorp.in/FileOpenDT.aspx?ID=94274&Category=ITAT&CategoryType=Zip
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India Poland DTAA - Nothing has been brought on record by the revenue to establish that the non resident payee has any fixed place of business PE in India. In that view of the matter, the income ceases to be taxable in India.
M/S. INFOSYS BPO LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE 1 (1), BANGALORE.
(2021) TaxCorp(LJ) 27854 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=94281&Category=ITAT&CategoryType=Zip
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In the case of the limited scrutiny assessment the AO could not have travelled beyond such scope to enquire about TDS details which was not the subject-matter of such limited scrutiny. The assessment order is neither erroneous nor prejudicial to the interest of the Revenue.
TRIO TREND EXPORTS PVT. LTD. VERSUS PCIT-2, KOLKATA
(2021) TaxCorp(LJ) 27853 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=94282&Category=ITAT&CategoryType=Zip
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Once such seizure proceedings are undertaken by the officials of the Department under authorisation, they are not obliged to furnish any document to any public servant in respect of such matters relating to the assessee against whom search and seizure is taken up.
DIRECTOR GENERAL OF INCOME TAX (INVESTIGATION), PR. DIRECTOR OF INCOME TAX (INVESTIGATION), PR. COMMISSIONER OF INCOME TAX (CENTRAL) VERSUS DEPUTY COMMISSIONER OF POLICE, SRI K. GOVINDARAJ, THE STATION HOUSE OFFICER
(2021) TaxCorp(LJ) 27852 (HC-KARNATAKA) · https://taxcorp.in/FileOpenDT.aspx?ID=86050&Category=Judgment&CategoryType=Zip
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The incremental leave encashment liability was contingent in nature and has not crystallised into actual liability and will not be allowed as deduction.
PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-4, KOLKATA VERSUS EVEREADY INDUSTRIES INDIA LIMITED
(2021) TaxCorp(LJ) 27851 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86051&Category=Judgment&CategoryType=Zip
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ITAT - VAT refund given to incentivize industrialisation and employment generation is capital receipt not liable to tax.
Uflex Limited Vs ACIT
(2021) TaxCorp(LJ) 27850 (ITAT-DELHI)
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HC - Revenue submits Report on appropriate Standard Operating Procedure (SOP) over non-release of refund by CPC so that orders passed by the AOs are given effect to within appropriate time frame.
Intertek India Private Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2021) TaxCorp(LJ) 27849 (HC-DELHI)
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HC - The matter over TDS dispute on year-end ad hoc provisions has to be analysed having regard to, whether income has accrued to the payees to deduct tax at source.
Volvo India Pvt. Ltd Vs INCOME TAX OFFICER (TDS)
(2021) TaxCorp(LJ) 27848 (HC-KARNATAKA)
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ITAT - The issue of warrants is duly supported by the offer letter and allotment letter issued by the assessee. The share warrants were issued in compliance with the requirements of the Companies Act as well as SEBI Guidelines. Deletes addition u/s 68
Brima Sagar Maharashtra Distilleries Ltd Vs ACIT
(2021) TaxCorp(LJ) 27847 (ITAT-MUMBAI) · Section 68
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ITAT - Admissions or confessions made during survey did not carry any evidentiary value and additions can be made based on evidence only.
Legend Developers & Constructions Vs Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 27846 (ITAT-HYDERABAD)
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For calculation of Capital gain on sale of land as Capital Asset (land) u/s 2(14), shortest road route is to be considered
M/S GANGA NURSING HOME VERSUS DEPUTY COMMISSIONER OF INCOME TAX RANGE-1, ALLAHABAD
(2021) TaxCorp(LJ) 27776 (ITAT-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=94206&Category=ITAT&CategoryType=Zip
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