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AR submitted that all payments forming part of CSR does not form part of profit and loss account for computing Income under the head, Income from Business and Profession. It has been submitted that some payments forming part of CSR were claimed as deduction under section 80G for computing Total taxable income, which has been disallowed by authorities below.
ALLEGIS SERVICES (INDIA) PVT. LTD. VERSUS ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1 (1) (1) , BANGALORE.
(2020) TaxCorp(LJ) 22490 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83287&Category=ITAT&CategoryType=Zip
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Hon'ble Bombay High Court in the case of CIT vs. KF Bioplants (P) Ltd has condoned the delay of 1845 days in filing of the appeal by the Revenue on the ground that the failure of the revenue to remove the objection within time was an unintentional lapse and admission of the appeal by itself would not cause any prejudice to the assessee therein.
SHRI D. PEDDA REDDAIAH VERSUS INCOME TAX OFFICER WARD-1 PRODDATUR
(2020) TaxCorp(LJ) 22489 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=83290&Category=ITAT&CategoryType=Zip
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It is an undisputed fact that the assessee is a qualified doctor, a Gynecologist and Anesthetist. She runs a nursing home. It is also admitted fact that the assessee attends to the patients and treats them in OPD and others. Therefore, mere running a nursing home/hospital does not convert a medical doctor into a business woman. Running a nursing home by her alone is a part of the medical profession. It is a different way of conducting her medical profession.
DR. SMT. RANJANA S. NARGOLKAR VERSUS ITO, WARD-11 (2) , PUNE.
(2020) TaxCorp(LJ) 22488 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=83267&Category=ITAT&CategoryType=Zip
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If an ex parte order is passed without hearing the respondent/assessee then if the assessee has explained the reason for non-appearance to the satisfaction of the Tribunal then the Tribunal should recall the order to give an opportunity of hearing to the assessee and decide the appeal afresh after considering the arguments and contention of the assessee.
SHRI VIRENDER YADAV, S/O- LATE SHRI JEET SINGH YADAV VERSUS INCOME TAX OFFICER, BEHROR.
(2020) TaxCorp(LJ) 22487 (ITAT-JAIPUR) · https://taxcorp.in/FileOpenDT.aspx?ID=83269&Category=ITAT&CategoryType=Zip
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A compulsion at source imposed by a third party is necessary to create a superior title. Just because diverted income is collected by the assessee himself for and on behalf of the beneficiary, it cannot be inferred that it was only an application and not diversion.
ACIT, CENTRAL CIRCLE-2, NEW DELHI VERSUS EMAAR MGF CONSTRUCTION PVT. LTD. AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22486 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83274&Category=ITAT&CategoryType=Zip
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Undisputed facts of this case that there was no tax exempt income in the relevant previous year, we hold that no disallowance under section 14A could have been made, on the facts of this case and in the year before us. We, therefore, uphold the plea of the assessee and delete the disallowance.
DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3 (2) , MUMBAI VERSUS JSW LIMITED AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22485 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83277&Category=ITAT&CategoryType=Zip
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As in assessee’s own case for Assessment Year 2005-06 to 2011-12 wherein, the coordinate bench has held that the golf course is a plant and machinery and assessee is eligible for depreciation thereon @15%. Allow ground No. 1 of the appeal directing the ld AO to grant depreciation on cost of developing golf course on land considering it as plant and machinery.
LANDBASE INDIA LTD VERSUS ACIT, CIRCLE-15 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22484 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83279&Category=ITAT&CategoryType=Zip
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Considering the nature of business of assessee and that no evidence has been brought on record by the A.O. of incurring all these expenses, the estimate made by the A.O. of ₹ 10 lakhs expenditure is wholly unjustified. It is a fact that assessee has not claimed any expenditure of routine business expenses, electricity expenses, fuel expenses which are necessary for running of the business. We restrict the addition to ₹ 3 lakhs as against ₹ 10 lakhs made by the A.O.
SHRI ROOP KISHORE MADAN VERSUS THE DCIT, CENTRAL CIRCLE – 16, NEW DELHI.
(2020) TaxCorp(LJ) 22483 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83254&Category=ITAT&CategoryType=Zip
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There was no necessity for raising this issue of limitation, this Tribunal is expected to record a finding whether the assessment was reopened within the period of limitation. In this case, the assessee has taken a specific ground before this Tribunal as 2.1 saying that the assessment was reopened u/s. 147 beyond four years. As rightly submitted by the assessee there was not even a whisper in the assessment order that the assessee failed to disclose the entire details required for completion of the assessment.
M/S. SENGUNTHA MUDALIAR KALYANA MANDAPAM VERSUS INCOME TAX OFFICER, EXEMPTION WARD, SALEM.
(2020) TaxCorp(LJ) 22482 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83256&Category=ITAT&CategoryType=Zip
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Issue involved vide aforesaid grounds is squarely covered by the decision of the Tribunal in the case of DCIT Ludhiana vs M/s Aarti Steels Ltd. wherein, the identical issue was raised and the Tribunal after deliberating the issue and analyzing the provisions of section 115JA and 2(43) of the Act read with relevant clauses of the Finance Act has held that the MAT credit allowable to the assessee is inclusive of surcharge and cess.
M/S STEEL STRIPS WHEELS LTD. VERSUS THE DCIT (CPC) , BANGLORE JURISDICTIONAL ASSESSING OFFICER, ACIT, CENTRAL CIRCLE-II, CHANDIGARH
(2020) TaxCorp(LJ) 22481 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=83258&Category=ITAT&CategoryType=Zip
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The words benefit and perquisite are used in this clause of sub-section (24) to Section 2. Whether gifting shares amounts any benefit or perquisite has to be looked into. In the present case at one point the AO has stated that there is benefit to assessee company but at the same time states that the transaction of gift of shares held by Mrs. Arti Jindal in the assessee company to M/s PRJ Holding Private Trust was not valid and was a sham and void transaction which was undertaken to avoid tax.
GLEBE TRADING PVT. LTD. VERSUS ITO WARD-10 (2) C.R. BUILDING NEW DELHI
(2020) TaxCorp(LJ) 22480 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83259&Category=ITAT&CategoryType=Zip
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The notice was issued in the year 1997 hence cannot be given any relevance with regard to determination for the issue before us. The fact that the land in question has been sold after obtaining NOC from the ADM, South District, New Delhi on 24.01.2011. We find that the main objects of the company are to acquire purchase take on lease are otherwise any land building, structures plot to act as real estate agents in connection with buildings schemes and also to be colonizers to sale plots and flats.
M/S KOHLI ESTATES PVT. LTD. VERSUS INCOME TAX OFFICER, WARD-14 (4) , NEW DELHI
(2020) TaxCorp(LJ) 22479 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83232&Category=ITAT&CategoryType=Zip
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2nd proviso to section 269SS lays down that the provisions of this section shall not apply to any loan or deposit or specified sum, where the person from whom the loan or deposit or specified sum is taken or accepted and the person by whom the loan or deposit or specified sum is taken or accepted, are both having agricultural income and neither of them has any income chargeable to tax under this Act.
RAGHURAJ SINGH VERSUS JCIT RANGE-3, NOIDA
(2020) TaxCorp(LJ) 22478 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83233&Category=ITAT&CategoryType=Zip
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AO made the addition by invoking the provisions of Section 40A(2)(b) of the Act which are applicable to the expenses considered to be excessive or unreasonable having regard to the fair market value of the goods/services or facilities for which the payment is made. However, in the instant case, the AO estimated the profit of the assessee and determined the income, nowhere he doubted the expenses incurred by the assessee. AO was not justified in making the addition by invoking the provisions of Section 40A(2)(b) of the Act which are applicable to the expenditure and not to the receipts and the ld. CIT(A) rightly deleted the same.
M/S KEC DELCO DUTSAN (JV) VERSUS INCOME TAX OFFICER, WARD-2 (3) , GURGAON
(2020) TaxCorp(LJ) 22477 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83236&Category=ITAT&CategoryType=Zip
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The assessee has not furnished any evidence even before us to prove that agricultural operations were carried on the said land but only bald statement is made that water melon and pumpkin was grown. The assessee has filed additional evidences before us to contend that Government of Tamil Nadu vide Notification in G.O. Ms No. 153 dated 20.06.2013 had included Thaiyur Village in the Mamallapuram Local Planning Area , which is post the said previous year.
SRI N. BALAKRISHNAN VERSUS THE ASST. COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-1 (1) , CHENNAI
(2020) TaxCorp(LJ) 22476 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83237&Category=ITAT&CategoryType=Zip
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In the present case, there is gross violation of the procedure laid down in the Act. For seeking transfer of jurisdiction, there is a prescribed procedure in Sec. 127 and the CIT-8 had to refer the issue to CIT-13 explaining the reasons as to why he wants to get the case transferred to him. A regular order u/s 127 had to be passed by Pr.CIT-13 and only then the jurisdiction could be transferred from Ward 39(4) to Ward 23(4).
MANJIT SINGH SARIN VERSUS ITO WARD-23 (4) NEW DELHI
(2020) TaxCorp(LJ) 22475 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83240&Category=ITAT&CategoryType=Zip
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The scope of Information Technology Software as is referred to in Hon’ble Supreme Court judgment in assessee’s own case was in context of Customs Laws which was very vide definition and hence we cannot draw analogy in the 1961 Act read with 1962 Rules. Digital contend developed by assessee can be equated with computer program is far fetched but rather it is a copyrighted material developed by assessee which is stored in computer.
M/S. PENTAMEDIA GRAPHICS LTD. VERSUS THE DY. COMMISSIONER OF INCOME TAX, MEDIA CIRCLE-I, CHENNAI
(2020) TaxCorp(LJ) 22474 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83241&Category=ITAT&CategoryType=Zip
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Appellant has sold entire old machineries during the financial year 2007-08. The appellant has shown the same as sale of scrap vide his invoice dated 09.01.2009. Then how come, the chartered engineer verified the old machinery on 07.01.2014 when that has already become scrap during the FY 2007-08 and also disposed on 09.01.2009.
M/S. COOPER BUSSMANN INDIA PVT. LTD. VERSUS THE ACIT, CIRCLE – 1, PONDICHERRY., THE JCIT, RANGE – 1, PONDICHERRY.
(2020) TaxCorp(LJ) 22473 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83221&Category=ITAT&CategoryType=Zip
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It is not the case of the AO that the loan advanced to the sister concern was not recorded in the books of accounts. It is not also the case of the AO that interest expenditure claimed as deduction by the assessee should have been disallowed under the provision of section 36(1)(iii). The fact remains that the AO has proceeded to bring to tax notional income without there being any machinery provisions in the Act.
ITO WARD-16 (3) , NEW DELHI VERSUS M/S. MAX VENTURES INVESTMENT HOLDINGS PVT. LTD. (FORMERLY KNOWN AS M/S. DYNAVEST INDIA PVT. LTD.) , NEW DELHI
(2020) TaxCorp(LJ) 22472 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83222&Category=ITAT&CategoryType=Zip
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Profit on sale of land can be deduced only after subtraction of corresponding purchase costs. It is not the case of the Revisional Commissioner that purchase cost has been separately claimed. Claim made on behalf of the assessee that relevant facts towards cost associated with the acquisition were placed before the AO in the course of assessment. It would be reasonable to infer that AO has applied his mind to such aspect.
SMT. VIRBALABEN KIRITBHAI PATEL VERSUS DCIT CIRCLE - 5, BARODA
(2020) TaxCorp(LJ) 22471 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=83225&Category=ITAT&CategoryType=Zip
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