-
The Officers vested with an obligation to discharge judicial functions are legitimately expected to resort to application of mind in a pragmatic and reasonable manner which is conspicuously absent in the instant case. For that reason, the impugned order Ext.P6 is set aside. The matter is remitted to the Commissioner of Income-tax (Exemption), Kochi to consider the revision petition afresh after affording an opportunity of hearing to the petitioner.
ST. JOSEPHS MONASTERY VERSUS INCOME TAX OFFICER (EXEMPTIONS) , COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CENTRAL BOARD OD DIRECT TAXES
(2020) TaxCorp(LJ) 22330 (HC-KERALA) · https://taxcorp.in/FileOpenDT.aspx?ID=82743&Category=Judgment&CategoryType=Zip
-
In the entire section 54, the requirement that the purchase to be made or the construction to be put up by the assessee, should be in the name of the assessee, is not expressly stated. Therefore, to attract section 54 of the Act, what is material is the investment of the sale consideration in acquiring or constructing residential premises. Once the sale consideration is invested in any of these manners, the assessee would be entitled to the benefit conferred under these provisions.
SMT. PINKY VERSUS THE INCOME TAX OFFICER WARD 2 (2) (1) BENGALURU.
(2020) TaxCorp(LJ) 22329 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82613&Category=ITAT&CategoryType=Zip
-
CIT(A) affirmed the action of AO holding that disallowance of 12.5% in the business of wholesale trading of electronic items such as computer parties, accessorises, print cartridges and Sony tapes are rational and justified. We have noted that before us the assessee has not filed even a single document to substantiate his contention.
TEJASH SURESH SHAH VERSUS ITO-26 (3) (5) MUMBAI.
(2020) TaxCorp(LJ) 22328 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=82620&Category=ITAT&CategoryType=Zip
-
The issue is covered in favour of the assessee by the ITAT decision for the A.Y. 2012-13. Provisions of section 45(3) is not a specific provision overrides the other provisions of the Act, importing a deeming fiction provided in section 50C of the Act cannot be extended to another deeming fiction created by the statute by way of section 45(3) to deal with special cases of transfer.
ASST. CIT, RANGE - 9 (1) (1) , MUMBAI VERSUS M/S. AMARTARA PVT. LTD.
(2020) TaxCorp(LJ) 22327 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=82622&Category=ITAT&CategoryType=Zip
-
During the previous relevant to AY 2014-15, the assessee qualifies as a non-resident in India and as a tax resident in Austria. The salary and allowances are earned by the assessee in respect of employment rendered in Austria due to his foreign assignment. Hence, the first two conditions enumerated under Article 15(1) of the India-Austria DTAA stands satisfied.
SREENIVASA REDDY CHEEMALAMARRI, HYDEREABAD. VERSUS INCOME-TAX OFFICER, INTERNATIONAL TAXATION – 1, HYDERABAD.
(2020) TaxCorp(LJ) 22326 (ITAT-INDORE) · https://taxcorp.in/FileOpenDT.aspx?ID=82626&Category=ITAT&CategoryType=Zip
-
It is not in dispute that the assessee has obtained the cash from his own brother-in-law. It is also not in dispute that the assessee obtained the cash loan for the purpose of acquiring immovable property wherein he was constrained to resciend the agreement in the event the balance purchase consideration is not paid within the stipulated time and in such event the transaction has to be reversed.
A. VIJAY KUMAR, HYDERABAD. VERSUS DY. COMMISSIONER OF INCOME-TAX, CIRCLE – 4 (1) , HYDERABAD.
(2020) TaxCorp(LJ) 22325 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82627&Category=ITAT&CategoryType=Zip
-
CIT(A) after considering the applicability of section 14A of the Act held that out of interest nothing was to be disallowed since the Assessing Officer had not attached attributability of such interest to any particular income and thus only administrative expenses were found to be disallowed. Thus, in this way, the disallowance of interest and administrative expenses in terms of section 14A have already been considered and decided by Ld.CIT(A) in an appeal against original order passed u/s.143(3) of the Act.
THE ACIT (OSD) CIRCLE-8, AHMEDABAD VERSUS M/S. TORRENT POWER LIMITED
(2020) TaxCorp(LJ) 22324 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82628&Category=ITAT&CategoryType=Zip
-
Identity, creditworthiness and genuineness of the transactions, all three requirements go hand-in-hand, however, among all the three, the genuineness of the transaction shall take precedence and the same should be demonstrated clearly when the same is called in question by the Revenue.
INCOME TAX OFFICER, WARD-BHIWADI VERSUS SMT. MANISHA TOMAR W/O SH. AJENDRA TOMAR
(2020) TaxCorp(LJ) 22323 (ITAT-JAIPUR) · https://taxcorp.in/FileOpenDT.aspx?ID=82563&Category=ITAT&CategoryType=Zip
-
As additions concerned for want of TDS, we find that the said payment was made for printing of leaflet and thus it is in the nature of purchase and VAT has been charged by the seller of the goods under Delhi VAT Act and therefore, the provisions of TDS are not applicable on such facts, no inference is called for. This ground is also dismissed.
ITO, WARD NO. -1 (3), GHAZIBAD VERSUS M/S HERCULES CRANES PVT. LTD.
(2020) TaxCorp(LJ) 22322 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82564&Category=ITAT&CategoryType=Zip
-
Both the lower authorities namely, the Ld. CIT(A) as well as the AO have failed to bring anything on record to prove conclusively, that the allegation of payment of on-money is in consonance with circle rate or with valuation of the land by Stamp Duty Authority.
SHRI VIJAY MOHAN GUPTA, NEW DELHI. VERSUS INCOME TAX OFFICER, WARD- 32 (3), NEW DELHI.
(2020) TaxCorp(LJ) 22321 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82565&Category=ITAT&CategoryType=Zip
-
The inaction of the AO for not collecting the details of the parties from whom the assessee has received cheque does not absolve the assessee from furnishing the details of the parties as discussed above. As such, the liability under section 68 of the Act is upon the assessee to justify the source of deposits in the manner described aforesaid.
SHAUNAK SHAILESH SHAH, AHMEDABAD VERSUS I.T.O., WARD-15 (4), AHMEDABAD.
(2020) TaxCorp(LJ) 22320 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82555&Category=ITAT&CategoryType=Zip
-
We find the reasons given by the ld. AR for the assessee are without merits. We further find, when there is a revision order and an adverse order against the assessee then why the assessee should not have filed the appeal in time, where the issue under consideration was undisputedly decided against the assessee. Considering the same, we are of the opinion that the delay is not condonable and the reasons given by the applicability of the judgment of the Hon’ble Bombay High Court in the case of Kolte Patil Developers Ltd. is directly applied to this case.
SUNIL MANAKCHAND KOTECHA VERSUS ACIT, CIRCLE-1, NASHIK, PR. CIT, CENTRAL-NAGPUR NAGPUR.
(2020) TaxCorp(LJ) 22319 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=82556&Category=ITAT&CategoryType=Zip
-
Information and not conclusive evidence on the basis of which addition can be made. But in the present case, this statement is to be appreciated keeping in mind that certain papers and diaries inventorised as Annexure-4, 5 and 6 were found and seized. The assessee itself did not dispute disclosure made by it during the course of survey, and honoured to the extent of ₹ 23 lakhs.
CRP ASSOCIATES VERSUS ACIT, GANDHINAGAR CIR. GANDHINAGAR.
(2020) TaxCorp(LJ) 22318 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82557&Category=ITAT&CategoryType=Zip
-
At the time of hearing before the Tribunal nothing has been brought on record by the ld. counsel for the assessee to establish that these expenses were wholly and exclusively incurred for the purpose of his business. Keeping in view the same as well as for the specific reasons given by the AO, it is of the view that the disallowance made by the AO on account of driver’s salary and fuel and lubricant expense was fully justified and the Ld. CIT(A) has rightly confirmed by the same.
AVINASH SHAW VERSUS ITO, WARD – 31 (1), KOLKATA
(2020) TaxCorp(LJ) 22317 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=82558&Category=ITAT&CategoryType=Zip
-
Petitioners stated in the grounds of appeal he has not raised the grounds now urged before this Court before the Appellate Authority. Therefore, it would only be appropriate that a direction is given to the petitioner to file the additional grounds now raised regarding the violation of principles of natural justice and a further direction is given to the CIT (appeals) to consider the same in the first instance and, if he finds that there is a violation of principles of natural justice, pass appropriate orders.
VIJIKUMAR AND ALAMELU CHIDAMBARAM VERSUS ASSISSTANT COMMISSIONER OF INCOME TAX, CIRCLE-2 (1) , TIRUCHIRAPALLI.
(2020) TaxCorp(LJ) 22316 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=82737&Category=Judgment&CategoryType=Zip
-
The appeals were preferred on 16th March, 2020. Though the period of limitation had not expired, but going through the circumstances resulting into preparation of the demand drafts as noticed above, the working of the Cooperative Society has come to a halt. Instead of directing the Tribunal to decide the application firstly, I deem it appropriate to issue directions to the Tribunal to decide the appeals within some time line and in order to enable the petitioner it seems appropriate to direct the income tax officer not to press for the encashment of the demand drafts, provided the petitioner deposits at least 30% of the demanded tax within a period of one week from today.
THE PUTHENCHIRA SERVICE CO-OPERATIVE BANK LTD VERSUS THE INCOME TAX OFFICER, THE COMMISSIONER OF INCOME TAX (APPEALS) , THE INCOME TAX APPELLATE TRIBUNAL
(2020) TaxCorp(LJ) 22315 (HC-KERALA) · https://taxcorp.in/FileOpenDT.aspx?ID=82738&Category=Judgment&CategoryType=Zip
-
The issue in the present case is already covered against the assessee in assessment year 2010-11 we do not find any reason to deviate from the same. Therefore, respectfully following the decision of the coordinate bench in the assessee’s own case the disallowance under Section 14A of the Act in the normal computation of the total income is upheld. This issue is squarely covered by the order of the coordinate bench in assessee’s own case wherein following the decision of the Special Bench in the case of Vireet Investment the addition is deleted.
DCIT (LTU) CIRCLE-1 NEW DELHI VERSUS INDIAN RAILWAY FINANCE CORPORATION LTD. AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22314 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82535&Category=ITAT&CategoryType=Zip
-
It is incumbent on the Assessing Officer, when objections against the reasons recorded by the Assessing Officer for formation of belief of escapement of income, have been raised by the assessee, that the Assessing Officer needs must decided such objections by a specific separate order, disposing of the said objections. In case, the AO rejects the objections raised by the assessee, such a separate order would enable, following the principles of natural justice, an opportunity to the assessee, to challenge the said separate order before the competent Court.
HARAKH CHAND GLASS PVT. LTD. VERSUS DY. CIT CIRCLE 2 ALLAHABAD
(2020) TaxCorp(LJ) 22313 (ITAT-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=82537&Category=ITAT&CategoryType=Zip
-
Outstanding amount of ₹ 1,25,39,228/- on account of service tax pertains to the period prior to 30-06-2011 rather a sum of ₹ 1,21,38,957/- relates to earlier financial year being 2010-11 and therefore, it was the opening balance of statutory liability as on 01-04-2011. The assessee has not routed the outstanding service tax through its profit and loss account but has taken this amount directly to the balance sheet.
M/S. DEN FUTURISTIC CABLE NETWORKS PVT. LTD. (EARLIER KNOWN AS DEN SKY MEDIA NET WORK PVT. LTD) VERSUS THE ITO WARD- 2 (1) JAIPUR
(2020) TaxCorp(LJ) 22312 (ITAT-JAIPUR) · https://taxcorp.in/FileOpenDT.aspx?ID=82541&Category=ITAT&CategoryType=Zip
-
According to Section 153A of the Act assessment or re-assessment relating to any assessment year falling within the period of 6 assessment year pending on the date of initiation of the search under Section 132 would abate. Apparently in this case the date of search is 16.07.2009 and this year’s period would be assessment year 2004-05 to assessment year 2009-10. Therefore, it is apparent that the assessee for assessment year 2008-09 should have been made under Section 153C of the Act and not under Section 143(3) of the Act as has been done.
COUNTRYWIDE PROMOTERS PVT. LTD. VERSUS ACIT CENTRAL CIRCLE – 23 NEW DELHI AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22311 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82542&Category=ITAT&CategoryType=Zip
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.