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Severe strictures passed against the department for filing a 'patently false' affidavit with regard to the failure to remove office objections. The cause shown is not sufficient and lacks in bona fides. It is a case of gross negligence and utter callousness on the part of the Revenue/Department. Tendency of the Revenue to either blame its' Advocate or the procedural rules for the dismissal of their Appeals deprecated
CIT vs. Parle Bisleri Ltd
(2017) TaxCorp(LJ) 13522 (HC-BOMBAY)
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Transfer Pricing: In the case of an assessee engaged in distribution activity there is no value addition to the product in question even if the selling and marketing expenses are borne by the assessee. Accordingly, the Resale Price Method is the most appropriate method for bench marking the transaction and determining whether it is at arms' length. The TPO is not entitled to thrust TNMM to evaluate the transaction
Fresenius Kabi India Private Limited vs. DCIT
(2017) TaxCorp(LJ) 13521 (ITAT-PUNE)
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CBDT guidelines for scrutiny of cases: Law explained as to how the CBDT Guidelines for manual selection of cases for scrutiny have to be interpreted and whether CIT in granting approval is required to show application of mind and give reasons for his decision
M/s Brothers & Sisters Enterprise vs. JCIT
(2017) TaxCorp(LJ) 13520 (ITAT-KOLKATA)
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S. 37(1): in order to decide whether disputed lease rent is deductible in the year of fixation or in the year the dispute attains finality, the nature of fixation of rent, its payment, recovery etc. and whether it is statutory or contractual, have bearing. The Tribunal is required to bring the facts on record
CIT vs. Travancore Cochin Udyoga Mandal
(2017) TaxCorp(LJ) 13513 (SC) · Section 37(1)
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S. 260A/27A: Meaning of "substantial question of law" explained. The High Court cannot proceed to hear a second appeal without formulating the substantial question of law involved in the appeal and if it does so it acts illegally and in abnegation or abdication of the duty case on Court
Maharaja Amrinder Singh vs. CWT
(2017) TaxCorp(LJ) 13512 (SC) · Sections 260A, 27A
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HUF Law: It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family. The burden lies upon the member who after admitting the existence of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property
Adiveppa vs. Bhimappa
(2017) TaxCorp(LJ) 13511 (SC)
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An additional ground with respect to additional evidence is admissable. The approach of the Tribunal in matters where the revenue seeks to fasten liability should be different, The Tribunal is the last fact-finding authority and the assessee has no other avenue to raise its grievances so far as facts are concerned. Ultimately if it is discovered that assessee is not liable to tax the revenue cannot have grievances Ultratech Cement vs. ACIT (2017) 81 TM.com 72 (Bom) distinguished
Nivea India Private Ltd vs. DCIT
(2017) TaxCorp(LJ) 13507 (ITAT-MUMBAI)
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S. 119: The CBDT has no jurisdiction to issue a Circular to amend the legislative provisions set out in the Act. Such action is ultra vires and liable to be quashed
CIT vs. S. V. Gopala Rao
(2017) TaxCorp(LJ) 13506 (SC) · Section 119
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ITAT - Where property was purchased from non-resident and on behalf of NRI, the payment made to bank/GPA, payments made constitutes the payments made to the non-resident and the TDS is deductible u/s 195.
Manne Rajesh Kumar Versus The Deputy Director of Income Tax (IT & TP), Visakhapatnam
(2017) TaxCorp(LJ) 13505 (ITAT-VISAKHAPATNAM) · http://taxcorp.in/FileOpenDT.aspx?ID=57655&Category=ITAT&CategoryType=Zip
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ITAT - Where books of account and other relevant documents were destroyed by natural calamity, i.e. flood, No Penalty u/s 271B .
Kanjan Marketing Versus ITO, Ward25 (3) (2), Mumbai
(2017) TaxCorp(LJ) 13504 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=57637&Category=ITAT&CategoryType=Zip
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ITAT - In case of professional doctors / Honorary Consultants, the real intention of the parties is appointment of consultants and not to create employer-employee relationship, TDS is liable to be deducted u/s 194J.
Jaslok Hospital & Research Centre Versus Dy. Commissioner of Income Tax (TDS) -2 (1), Mumbai
(2017) TaxCorp(LJ) 13503 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=57638&Category=ITAT&CategoryType=Zip
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HC - Scope of the term legal representative for tax recovery proceedings explained.
Arvind Kayan Versus Union of India & Others
(2017) TaxCorp(LJ) 13502 (HC-CALCUTTA) · http://taxcorp.in/FileOpenDT.aspx?ID=69854&Category=Judgment&CategoryType=Zip
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ITAT - Quarry land & development is an intangible asset being in nature of license for commercial right and for which the prescribed rate of depreciation as per the Income Tax Rules is at 25%.
DCIT, CC-XI, Kolkata Versus M/s Himalaya Granites Pvt. Ltd.
(2017) TaxCorp(LJ) 13501 (ITAT-KOLKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=57618&Category=ITAT&CategoryType=Zip
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ITAT - Foreign travelling expenses incurred for purchase of Machinery from outside India cannot be treated as Capital Expenditure.
M/s Pile Foundation Co. Versus ITO, Ward 38 (3) , New Delhi
(2017) TaxCorp(LJ) 13499 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57634&Category=ITAT&CategoryType=Zip
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HC - ITAT placed an unfair burden on the Assessee to prove that the expenditure paid to Doctor was incurred bonafide for the business purposes of the Assessee since Assessee had placed all the relevant details thereby discharging the initial onus.
Boston Scientific India Pvt. Ltd. Versus Assistant Commissioner of Income Tax
(2017) TaxCorp(LJ) 13498 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=69844&Category=Judgment&CategoryType=Zip
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HC - Embezzlement loss must be deemed to have arisen only when employer comes to know about it and realizes that the amount embezzled cannot be recovered and not merely from the date of acquiring knowledge in which that embezzlement has taken place.
J and K Bank Ltd. Versus Assistant Commissioner of Income Tax, Commissioner of Income Tax, Additional Commissioner of Income Tax
(2017) TaxCorp(LJ) 13497 (HC-J&K) · http://taxcorp.in/FileOpenDT.aspx?ID=69845&Category=Judgment&CategoryType=Zip
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ITAT - Deduction u/s. 80P is available to a credit cooperative society in respect of additions made u/s. 68.
Aman Chote Vyapari Vs The Dy. Commissioner of Income Tax
(2017) TaxCorp(LJ) 13496 (ITAT-PUNE) · Section 80P
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HC - Definition of legal representative as provided in Sec. 2(11) of the Code of Civil Procedure, 1908 and as understood in the context of Sec. 2(29) of the Income Tax Act is an inclusive, wider in scope and not confined to legal heir only and will include severed relationship with deceased father.
Arvind Kayan vs. Union Of India & Ors
(2017) TaxCorp(LJ) 13495 (HC-CALCUTTA)
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ITAT - A charitable institution which has treated amount spent on purchase of capital asset as application of income, is entitled to claim depreciation.
Sangam Educational Society, C/O Akhilesh Kumar, Advocate Versus Addl. CIT, Range-1, Ghaziabad
(2017) TaxCorp(LJ) 13493 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=57613&Category=ITAT&CategoryType=Zip
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HC - Mining for the purpose of production of mineral ore falls within the ambit of the word ‘production’, entitling the assessee to the benefit of Section 32(A).
The Principal Commissioner of Income Tax, Versus Sesa Goa Ltd.
(2017) TaxCorp(LJ) 13492 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=69836&Category=Judgment&CategoryType=Zip
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