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In India Singapore DTAA, preparatory or auxiliary character, as used in para 7 of Article 5 of India-Singapore DTAA is ejusdem generis to the other terms used therein which means that similar activities which have preparatory or auxiliary character has to be read as business solely used for the purpose of advertising, for the supply of information, for scientific research or for similar activities.
Hitachi High Technologies Singapore Pte Ltd Vs The Dy. C.I.T
(2019) TaxCorp(LJ) 20114 (ITAT-DELHI)
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Neither actual cost as envisaged under section 43(1) was determined by the AO, nor satisfaction was recorded by the AO to the effect that the transfer of asset at a rate higher than the written down value was with ulterior motive of reducing tax liability by claiming depreciation on enhanced cost.
Galaxy Care Laparoscopy Institute Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2019) TaxCorp(LJ) 20113 (ITAT-PUNE)
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The issue stands covered in favour of the assessee and against the Revenue held Assessing Officer himself had admitted by grossing up the ECB interest by the amount of tax borne by the borrowers that tax at source has been deducted. We are thus of the view that no interest under section 234B of the Act can be levied for the tax demand on account of ECB interest and interest under section 234B is also not chargeable.
THE BANK OF TOKYO-MITSUBISHI UFJ LTD. VERSUS DY. C.I.T CIRCLE-3 (1) (1) , INTERNATIONAL TAXATION, NEW DELHI
(2019) TaxCorp(LJ) 20112 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77795&Category=ITAT&CategoryType=Zip
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In this case, since there was a Family Settlement between the assessee and three brothers and they have acted upon Family Settlement Deed and distributed various properties among themselves and necessary rights and title are transferred in favour of each brother would show that parties have entered into genuine transaction.
SHRI GOVIND KUMAR KHEMKA VERSUS THE ACIT, CIRCLE-47 (1) , NEW DELHI.
(2019) TaxCorp(LJ) 20111 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77796&Category=ITAT&CategoryType=Zip
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The second proviso to Section 40 (a) (ia) of the Act is declaratory and curative in nature and has retrospective effect from 1st April 2005, merits acceptance. No substantial question of law arises.
THE COMMISSIONER OF INCOME TAX BELAGAUM, THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-I, BIJAPUR VERSUS SHRI S.M. ANAND
(2019) TaxCorp(LJ) 20110 (HC-KARNATAKA) · https://taxcorp.in/FileOpenDT.aspx?ID=79925&Category=Judgment&CategoryType=Zip
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On the basis of the reasons recorded in the impugned order, it cannot be said that there was no genuine attempt on the part of the Assessing Officer to understand the nature of his business, its method of accounting, or to understand the nuances of the books of accounts or documents. The impugned order clearly reflects the reasons for ordering a special audit. AO initially issued a notice under Section 142(1) on 03.08.2018 along with detailed questionnaire including the reason for selection of case for scrutiny under Section 143 (3).
RELIGARE FINVEST LIMITED, RELIGARE ENTERPRISES LIMITED VERSUS DEPUTY COMMISSIONER OF INCOME TAX & ANR.
(2019) TaxCorp(LJ) 20109 (HC-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=79928&Category=Judgment&CategoryType=Zip
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The show-cause notice issued on 21st June 2019, is under Section 26(1) of the Benami Act and not under Section 26 (3). The reasons for this are not far to seek. The scheme of the Benami Act, under Section 5, provides for confiscation of any property which is subject matter of a benami transaction, by the Central Government. An Adjudicating Authority is appointed under Section 7.
INITIATING OFFICER, ACIT BENAMI PROHIBITION VERSUS APPELLATE TRIBUNAL UNDER THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 & ORS.
(2019) TaxCorp(LJ) 20108 (HC-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=79936&Category=Judgment&CategoryType=Zip
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So far as supporting manufacturers are concerned, under Section 80HHC(1A), where any Export House or Trading House has issued a certificate that the supporting manufacturer has, in fact, supplied such goods or merchandise for export, they shall also be allowed a deduction to the extent of profits referred to derived by the assessee from the sale of goods or merchandise to the Export House or Trading House.
COMMISSIONER OF INCOME TAX, KARNAL (HARYANA) VERSUS M/S CARPET INDIA
(2019) TaxCorp(LJ) 20107 (SC) · https://taxcorp.in/FileOpenDT.aspx?ID=79937&Category=Judgment&CategoryType=Zip
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Once an order u/s 127(2) was passed unconditionally transferring the jurisdiction over the appellant's case to the charge of ACIT, Ranchi then by virtue of such an order, the jurisdiction enjoyed by ACIT at New Delhi in terms of Section 124 read with Section 120(1) & (2) stood abrogated. As of June, 2016 (when the notice u/s 143(2) was issued), the jurisdiction of the assessee was vested with AO, Ranchi and not AO, Delhi and since no valid notice was issued by AO, Ranchi, Sec. 127(4) cannot be applied.
Rungta Irrigation Limited Vs Assistant Commissioner of Income-tax
(2019) TaxCorp(LJ) 20106 (ITAT-KOLKATA) · Section 127
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The plot of land for which permission for construction could be granted in future (though not granted on the valuation date) are urban lands to be included in the net wealth of the assesse.
Rajendra M. Dev. & Build. Pvt. Ltd. Vs The Asst. Commissioner of Wealth Tax
(2019) TaxCorp(LJ) 20105 (ITAT-PUNE)
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Findings noted by the ld. CIT(A) that the disputed amount has been earned during the assessment year 2013-2014, therefore, it would be taxed in the assessment year 2013-2014. Accordingly, we do not find any substance in the submissions of assessee that this amount is included in ₹ 20 lakhs. The amount has been earned by the assessee during the impugned assessment year, therefore, taxability on the same amount cannot be carried forwarded in the subsequent year.
MANOJ KUMAR SAHOO, PROP: MANOJ SEASON CENTRE VERSUS ACIT, CENTRAL CIRCLE-2
(2019) TaxCorp(LJ) 20104 (ITAT-CUTTACK) · https://taxcorp.in/FileOpenDT.aspx?ID=77759&Category=ITAT&CategoryType=Zip
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The word manufacture has been defined u/s 2(29BA) in the present appeal in case of trading goods, the purchased material is Deshee Ghee and Skimmed Milk and the material sold is also Deshee Ghee and Skimmed Milk. The only difference is that before selling, guthaie from Deshee Ghee and moisture from Skimmed Milk has been removed and they are packed in pouches and tins having brand name of company. No other processing done on trading goods before theirs sale has been explained.
M/S BHOLE BABA MILK FOOD INDUSTRIES, DHOLPUR P. LTD. VERSUS JCIT, RANGE-4, AGRA
(2019) TaxCorp(LJ) 20103 (ITAT-AGRA) · https://taxcorp.in/FileOpenDT.aspx?ID=77761&Category=ITAT&CategoryType=Zip
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The reasoning given by the lower authorities to assess the income under the head business is, in our view, very well justified. Further, since in this case, the business activity of the assessee is trading in shares, there can be a presumption that the amount claimed was derived through trade. In such case, the assessee has to establish that the impugned amount was indeed invested and the proceeds of sales were of a capital asset. However, the assessee has not laid any such material either before the lower authorities or before us. Therefore, no merit in the submissions of the assessee and hence dismiss the appeals.
SHRI AMIT JAIN VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, ERODE.
(2019) TaxCorp(LJ) 20102 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=77764&Category=ITAT&CategoryType=Zip
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Disallowance under this section is made in respect of the expenses incurred or payments made which are not deductible. This section has no application to income aspect of the assessee. As the AO has made disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, the provisions of this section are not attracted. Uphold the impugned order on this score deleting the disallowance.
KEC-PLR-KPIPL-JV VERSUS ITO, WARD-2 (3) , GURUGRAM.
(2019) TaxCorp(LJ) 20101 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77768&Category=ITAT&CategoryType=Zip
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If we go strictly by the provisions of the Act, since the BCCI in its books of accounts has booked the payments to the State Associations as expenditure, it is thus payment out of its gross receipts and not out of income and thus it should not qualify as application of income. However, as most of the charitable institutes do, the expenditure is generally booked as application of income e.g. educational institutions claiming charitable status, generally claim the salary to teachers as application of income whereas in the books of accounts, the same is treated as expenditure and hence under the circumstances, in our view, the claim of the BCCI in this respect is not an exception. In view of this, the alternate plea of the BCCI is not opposite or destructive to its primary plea. However, the question that whether the expenditure can be considered as application of income for the purpose of claiming exemption as per the provisions of section 11 of the Act is left open to be decided in appropriate case.
PUNJAB CRICKET ASSOCIATION VERSUS THE ACIT, CIRCLE 6 (1) , MOHALI
(2019) TaxCorp(LJ) 20100 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=77771&Category=ITAT&CategoryType=Zip
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There is no dispute about assessee’s carrying on licensed bookmaker’s business with RCTC and therefore, he made the impugned cash payment to the said club only as ‘ operational charges’ has nowhere been doubted. The said operational charge relate to setting on horse racing conducted in the club on Saturdays/Sundays/Holidays only.
HARIDAS SOM VERSUS I.T.O. WARD 22 (3) , KOLKATA
(2019) TaxCorp(LJ) 20099 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=77775&Category=ITAT&CategoryType=Zip
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Where a law is enacted for the benefit of community as a whole, even in the absence of a provision the statute may be held to be retrospective in nature. The doctrine of fairness is a relevant factor to construe a statute conferring a benefit, in the context of it to be given a retrospective operation. Considering the principle of fairness as elucidated by SC, we are unable to subscribe to the view of Hon'ble Kerala High Court in the decision referred to.
S. M Anand Vs The ACIT
(2019) TaxCorp(LJ) 20098 (HC-KARNATAKA)
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Indian AE (VGSIPL) of assessee (Audi AG, a German Co.) does not constitute its PE in India in terms of Article 5 of the India- Germany DTAA for AYs 2009-10 and 2010-11. Since, VGSIPL is an independent and separate entity which is not acting on behalf of assessee.
Audi AG Vs ADIT
(2019) TaxCorp(LJ) 20097 (ITAT-MUMBAI)
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Mr. Motwani, learned counsel for the applicant could not point out before this Court that at any point of time from 18.10.1997, when the decree, which is sought to be challenged before this Court, was passed, the applicant even remotely tried to contact her advocate to know the fate of litigation.
KANTA VERSUS MANJULABAI
(2019) TaxCorp(LJ) 20096 (HC-BOMBAY) · https://taxcorp.in/FileOpenDT.aspx?ID=79878&Category=Judgment&CategoryType=Zip
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Prior to 1/7/2016, Form No.3CL had no legal sanctity. It was further held that, only w.e.f 1/7/2016, in view of the amendment made to Rule 6(7A((b) of the Income-tax Act Rules, the quantification of weighted deduction allowable u/s 35(2AB) of the Act has to be based on From No.3CL and hence the said form has obtained significance.
M/S PARK CONTROL AND COMMUNICATIONS PVT. LTD. VERSUS THE DY. COMMISSIONER OF INCOME-TAX CIRCLE-5 (1) (2), BENGALURU.
(2019) TaxCorp(LJ) 20095 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=77709&Category=ITAT&CategoryType=Zip
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