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Vehicle was put to use on 31.03.2009 and in support of its contention, assessee has submitted copies of ledger before the lower authorities and respectfully following the aforesaid judgments, we allow claim of the assessee and this ground of the assessee is allowed and we direct assessing officer to allow the claim of depreciation. Provisions of section 40(a)(ia) has two limbs one is where, inter alia, assessee has to deduct tax and the second where after deducting tax, inter alia, the assessee has to pay into Government Account.
SHRI SUBODH RAMANLAL DESAI VERSUS DCIT, CIRCLE-3 (1) , BARODA
(2020) TaxCorp(LJ) 22410 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82973&Category=ITAT&CategoryType=Zip
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Trust has been given a certificate from the office of the Charity Commissioner after going through the Memorandum of Association and seeing the activities of the trust and trust is meant for deceased member of Rotary Club Family Members. As Rotary Club is carrying out charitable activities for the public at large as organizing the blood donation camp giving books to poor students and doing charity for orphanage etc.
ROTARY CLUB SOCIAL SECURITIES FUND BHAVNAGAR AYUSHYA CANCER HOSPITAL VERSUS DIRECTOR OF INCOME-TAX (EXEMPTION) , AHMEDABAD
(2020) TaxCorp(LJ) 22409 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82974&Category=ITAT&CategoryType=Zip
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Once the assessee has paid all the taxes due on the returned income including the demand raised in the assessment order before 30.09.2010, the assessee is mandated to file the return of income within the prescribed time limit. Since the assessee failed files the return of income within the prescribed time limit, we are of the considered opinion that the penalty levied under section 271F of the Act was rightly confirmed by the ld. CIT(A).
M/S. TAMIL NADU FISHERIES DEVELOPMENT CORPORATION LIMITED VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 3 (1) , CHENNAI
(2020) TaxCorp(LJ) 22408 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=82977&Category=ITAT&CategoryType=Zip
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Eligibility of deduction u/s. 80IAB is governed by the true character of lease rental income derived. The CBDT circular albeit in the context of S. 80IA(4-(iii) has expressed its concern on litigation towards taxability of lease income under the appropriate head and granted relief to the taxpayer for eligibility of deduction. The issue thus cannot be said to be totally free of any debate. On the contrary, the debate, if any, leans in favour of the assessee.
M/S CESSNA GARDEN DEVELOPERS PVT. LTD. VERSUS THE ASSISTANT COMMISSIONER INCOME TAX, CIRCLE 2 (1) (1) BANGALORE., THE DEPUTY COMMISSIONER INCOME TAX
(2020) TaxCorp(LJ) 22407 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82978&Category=ITAT&CategoryType=Zip
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The entire payment by the assessee is allowable as revenue expenditure and not merely 1/4th of payment towards non-competition fee as it does not bring in any capital asset and held that the payment is allowable under Section 37(1) of the Income Tax Act and directed the Assessing Officer to give appropriate relief after re-computing the income as per the direction of this Tribunal and modified the order of the Tribunal to the said extent. We find no error in the order passed by the Tribunal.
THE COMMISSIONER OF INCOME-TAX, THE ASST. COMMISSIOINER OF INCOME TAX, CIRCLE-11 (2) , BANGALORE VERSUS M/S HEWLETT PACKARD INDIA SALES PVT. LTD., (FORMALLY KNOWN AS M.S COMPAQ COMPUTER (INDIA) PVT. LTD.)
(2020) TaxCorp(LJ) 22406 (HC-KARNATAKA) · https://taxcorp.in/FileOpenDT.aspx?ID=82850&Category=Judgment&CategoryType=Zip
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Clause (b) of Section 244A of the Act talks of all other cases than mentioned in clause (a) and (aa) for giving interest from the date of payment to the date on which the refund is granted. The refund of amount became due to the petitioner under the Act after finalisation of the assessment i.e. 21.1.2014 and the same was refunded on 4.7.2017, in such circumstances, the case is covered under clause (b) of Section 244A of the Act.
JIWAN KUMAR VERSUS PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA AND OTHERS
(2020) TaxCorp(LJ) 22405 (HC-P&H) · https://taxcorp.in/FileOpenDT.aspx?ID=82851&Category=Judgment&CategoryType=Zip
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If any income is assessable under the head income from house property, it should be out of property let out or deemed to be let out for the relevant period. In this case, the property is neither let out nor vacant.
REDWOOD IT SERVICES P. LTD. VERSUS ITO-10 (2) (2) , MUMBAI
(2020) TaxCorp(LJ) 22404 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=82960&Category=ITAT&CategoryType=Zip
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As per amendment in section 2(15) of the Act, Yoga has also been included as a part of education which is also one of the object of the assessee in the instant case. If we see minutely the aims and objects of the assessee-company, then it can be inferred that the basic aims and objects of the assessee company are to provide educational, intellectual, physical and spiritual development of an individual, family, community and the nation by initiating, undertaking and supporting various projects and programs, which in our considered view, falls within the definition of education as prescribed u/s 2(15) of the Act, hence this ground of rejection is not tenable.
SANJHI SIKHIYA FOUNDATION VERSUS COMMISSIONER OF INCOME TAX, EXEMPTIONS, CHANDIGARH
(2020) TaxCorp(LJ) 22403 (ITAT-AMRITSAR) · https://taxcorp.in/FileOpenDT.aspx?ID=82958&Category=ITAT&CategoryType=Zip
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In a recent decision of Supreme Court in the case of Rajkumar Gulab Badgujar wherein it is held that wherein the returned income has been accepted u/s 153C and therefore, it is held that in such case, penalty cannot be imposed.
SAMTABEN R. MANGLANI, LAJWANTIBEN M. MANGLANI VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, BARODA
(2020) TaxCorp(LJ) 22402 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82957&Category=ITAT&CategoryType=Zip
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As assessee is engaged in the business of development and export of software, providing CTI (Computer Telephonic Integration), system integration, IT consulting services to customers. The assessee has purchased the copyrighted software license from Acqueon Technologies Inc. USA of Acqueon AiQ and IVR connector as off-the-shelf software and used them to develop application as per the requirements of the customers.
M/S. SERVION GLOBAL SOLUTIONS LTD. VERSUS COMMISSIONER OF INCOME TAX (APPEALS) -15, CHENNAI
(2020) TaxCorp(LJ) 22401 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=82940&Category=ITAT&CategoryType=Zip
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Tax audit report was filed alongwith return filed in response to show cause notice issued u/s.148 of the Act which means that the Assessing Officer had the benefit of tax audit report and no prejudice can said to have been caused for the Department on account of belated submission of tax audit report. We are of the considered opinion that levy of penalty u/s.271B of the Act is not warranted.
SMT. HARICHANDRAN KALEESWARI VERSUS THE INCOME TAX OFFICER, NON CORPORATE RANGE 5 (1) CHENNAI.
(2020) TaxCorp(LJ) 22400 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=82943&Category=ITAT&CategoryType=Zip
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A delay of the shortest period may be uncondonable due to unacceptable explanation, whereas in certain other cases, delay of a long period can be condoned, if the explanation is satisfactory. However, if no mala-fide can be attributed to the delay, that delay will be condonable. We find that the assessee has shifted from Surat to Banaras, therefore, the assessee has a reasonable cause for filing appeal in delay. Hence, delay is condoned.
ANURAGRAJI V. GOSWAMI, C/O. YOGESH B. SHAH VERSUS INCOME TAX OFFICER, WARD-5 (1) , SURAT
(2020) TaxCorp(LJ) 22399 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82945&Category=ITAT&CategoryType=Zip
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The assessee had sufficient cause for not filing the appeal in time before the ld.CIT(A). Therefore, considering the reasons as cited in the said application and also keeping in view principles laid down by Hon'ble Supreme Court, we condone the delay in filing the appeal before the ld.CIT(A). No claim shall be available for any allowances or expenditure of income referred to any section 68, section 69, section 69A, section 69B, section 69C and section 69D from A.Y. 2013-14 onwards.
SHRI RAJESHKUMAR POPATBHAI GABANI, SURAT VERSUS THE INCOME TAX OFFICER, WARD-3 (2) (5), SURAT
(2020) TaxCorp(LJ) 22398 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82947&Category=ITAT&CategoryType=Zip
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If the delay is not attributable to the assessee, the Tribunal has power to extend the period of stay even beyond the time limit laid down in 3rd proviso to Section 254(2A). We, considering the facts and circumstances and the stay petition filed by the assessee, hold that the delay in non-disposal of the appeal is not attributable to the assessee.
M/S. GOOGLE INDIA PRIVATE LIMITED VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 3 (1) (2) , BANGALORE., THE JT. COMMISSIONER OF INCOME TAX, THE DY. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION)
(2020) TaxCorp(LJ) 22397 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82948&Category=ITAT&CategoryType=Zip
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Assessee was paying medical reimbursement as a component of the monthly payment to the employee and later claiming that it was not perquisite to the extent of ₹ 15,000, the same had to be considered as salary and not exempt perquisite. The reasoning is the same that the payment should not precede the actually incurring of the expenses and it should be only by way of reimbursement. The grievance of the assessee is that there should not be any deduction of TDS on reimbursement of medical allowance and charging of interest thereon.
BRANCH MANAGER, LIC OF INDIA, ROURKELA, SHRI PRAHALLAD BEHERA VERSUS ITO (TDS) , ROURKELA
(2020) TaxCorp(LJ) 22396 (ITAT-CUTTACK) · https://taxcorp.in/FileOpenDT.aspx?ID=82949&Category=ITAT&CategoryType=Zip
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Concrete Pump etc. have been fitted by the assessee as per his own convenience but the same cannot be said to be a part of the commercial vehicle, whereas, the Chassis fitted on the vehicle is a part and parcel of the vehicle. In view of the above, the claim of the assessee of depreciation @ 40% on Concrete Pump and other related equipment, has rightly been reduced / disallowed by the lower authorities and the same has rightly been allowed @ 15%. So far as the ‘Chassis’ is concerned, since the same is part and parcel of the vehicle, the assessee is entitled to depreciation @ 40%. So far as the Chassis is concerned, since the same is part and parcel of the vehicle, the assessee is entitled to depreciation @ 40%.
M/S RMC SERVICES VERSUS THE ITO, WARD 3 (4) , CHANDIGARH
(2020) TaxCorp(LJ) 22395 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=82919&Category=ITAT&CategoryType=Zip
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When the assessee bank does not have any segregation value of land and building of the said premises and it has paid composite price, the entire depreciation claim is allowable under Section 32 of the Act. So, following the aforesaid decision rendered by the Co-ordinate Bench of the Tribunal in CIT vs. Rajesh Exports Ltd. and when it is categoric case of the assessee that the purchase price of land and building is composite one and it has no segregation of value of land and building separately, disallowance made by the AO/ CIT (A) is not sustainable in the eyes of law.
M/S NATIONAL HOUSING BANK VERSUS DY. COMMISSIONER OF INCOME TAX, NEW DELHI
(2020) TaxCorp(LJ) 22394 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82921&Category=ITAT&CategoryType=Zip
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Under section 11(1) of the Act, every charitable or religious trust is entitled to deduction of certain income from its total income of the previous year. The income so exempt is the income which is applied by the charitable or religious trust to its charitable or religious purposes in India. This is, of course, subject to accumulation up to a specified maximum which, in the present case, was 25%.
M/S. SNEHA TRUST FOR CHARITY AND EDUCATION VERSUS THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -1 PALAKKAD.
(2020) TaxCorp(LJ) 22393 (ITAT-COCHIN) · https://taxcorp.in/FileOpenDT.aspx?ID=82923&Category=ITAT&CategoryType=Zip
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The nature of receipts as shown in the income and expenditure account and has also been noted by the Ld. AO is flowing from the activities carried out in pursuance of the objects for which it was granted registration u/s 12AA. Assessee trust has basically has received fees from the students for value education workshop and giving coaching for the sports. Such an activity ostensibly falls within the ambit of category of education and giving coaching in sports is also one of the related activities for the overall development of the youth and the sports activities.
ITO (E) WARD-2 (4) , NEW DELHI VERSUS NATIONAL FOUNDATION TRUST
(2020) TaxCorp(LJ) 22392 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82924&Category=ITAT&CategoryType=Zip
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Inspector had conducted detailed enquiry and have also contacted various students who are exempted from paying the fees by the assessee trust. Neither the copy of the report was provided to the assessee nor the comments of the assessee were called for on the report of the Inspector. CIT(Exemption) without confronting the report of the Inspector have wrongly held that the assessee was into commercial activities.
SANT UPASNI MAHARAJ BAHUUDESHIYA SEVABHAVI SANSTHA VERSUS THE COMMISSIONER OF INCOME TAX (EXEMPTION)
(2020) TaxCorp(LJ) 22391 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=82931&Category=ITAT&CategoryType=Zip
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