All landmark rulings

21,624 rulings

Desk: Both Direct Tax GST

Direct Tax ·Supreme Court · 16 Dec 2016
SC - SLP Dismissed - HC had held that Sec. 80IB(10) deduction to builder/developer is allowed in respect of real estate developments that were complete on a stand-alone basis even though forming part of a housing project consisting of other housing schemes that were not eligible for deduction.
Pr. CIT. Vs. OMAXE BUILDHOME PVT LTD.
(2016) TaxCorp(LJ) 11669 (SC)
Direct Tax ·Supreme Court · 16 Dec 2016
SC - Writ allowed against re-assessment notice. Without making any observations on merits, judgments dismissing writ against reassessment remitted to the respective HCs to decide the writ petitions on merits.
Jeans Knit Private Ltd. Vs. The Deputy Commissioner Of Income
(2016) TaxCorp(LJ) 11668 (SC)
Direct Tax ·Delhi High Court · 16 Dec 2016
HC - Writ Dismissed - Reopening valid on assessee’s failure to substantiate genuineness of transactions relating to receipt of share capital.
Aravali Infrapower Ltd. vs. DCIT
(2016) TaxCorp(LJ) 11667 (HC-DELHI)
Direct Tax ·Delhi High Court · 16 Dec 2016
HC - Writ Allowed - AO did not correctly draw the inference or that his conclusion is based on incorrect premises is not sufficient for a justified reassessment notice, which has to be based on something objective outside of the record.
HCL Technologies Ltd. vs. ACIT
(2016) TaxCorp(LJ) 11666 (HC-DELHI) · Section. 147
Direct Tax ·ITAT Amritsar · 15 Dec 2016
ITAT - First proviso to Sec 12A(2) inserted vide Finance (No. 2) Act, 2014 providing for roll- back of registration for earlier years was retrospective in nature.
St. Jude's Convent School Vs. Asst, Commissioner of Income Tax
(2016) TaxCorp(LJ) 11665 (ITAT-AMRITSAR) · Section. 12A
Direct Tax ·Delhi High Court · 17 Dec 2016
HC - Gold jewellery acquired through gifts made by relatives and other family members over a period of four decades was as per prevailing customs and a 70-year old lady can get 400 gm. of gold.
Sushila Devi v. Commissioner of Income-tax-XII
(2016) TaxCorp(LJ) 11664 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=66608&Category=Judgment&CategoryType=Zip
Direct Tax ·AP High Court · 17 Dec 2016
HC - Assessee had given full and true disclosure of all material facts about sale of land upon which first assessment order was passed, therefore reassessment not valid.
Kohinoor Hatcheries (P.) Ltd. v. Deputy Commissioner of Income-tax
(2016) TaxCorp(LJ) 11663 (HC-AP) · http://taxcorp.in/FileOpenDT.aspx?ID=66048&Category=Judgment&CategoryType=Zip
Direct Tax ·Calcutta High Court · 17 Dec 2016
HC - Whether services provided by trademark owner would be covered by Explanation 2 to section 9(1)(vi), Tribunal to decide.
National Plasto Products (P.) Ltd. v. Commissioner of Income-tax, Kolkata-II
(2016) TaxCorp(LJ) 11662 (HC-CALCUTTA) · http://taxcorp.in/FileOpenDT.aspx?ID=66033&Category=Judgment&CategoryType=Zip
Direct Tax ·ITAT Patna · 17 Dec 2016
ITAT - Revenue should not try to sit into the shoes of a businessman and decide how to conduct the business. The lady Directors being well qualified persons and associated with the company since earlier period cannot be disallowed the remuneration of 50%.
Prashant Moters Pvt. Ltd. Versus Dy. Commissioner of Income-tax
(2016) TaxCorp(LJ) 11661 (ITAT-PATNA) · http://taxcorp.in/FileOpenDT.aspx?ID=53525&Category=ITAT&CategoryType=Zip
Direct Tax ·ITAT Kolkata · 17 Dec 2016
ITAT - Since television set was installed in the office of the assessee, it was used for the purpose of the business of the assessee and depreciation thereon was rightly claimed.
Arpan Kumar Ghosh Versus Income Tax Officer
(2016) TaxCorp(LJ) 11660 (ITAT-KOLKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=53528&Category=ITAT&CategoryType=Zip
Direct Tax ·Allahabad High Court · 17 Dec 2016
HC - Compressed natural gas in its compressed form has a distinct identity and character and use and amounts to manufacture or production.
Central U.P. Gas Limited Versus Deputy Commissioner of Income Tax Kanpur
(2016) TaxCorp(LJ) 11659 (HC-ALLAHABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=67963&Category=Judgment&CategoryType=Zip
Direct Tax ·Bombay High Court · 14 Dec 2016
Transfer Pricing adjustment has to be done only in respect of International Transactions with Associated Enterprises. The fact that the assessee has chosen entity level PLI to benchmark the AE transactions and that it has not maintained segmental accounts is irrelevant. If segmental accounts are not available, proportionate adjustments have to be made only in respect of the international transactions with Associated Enterprises
CIT vs. ALSTOM Projects India Limited
(2016) TaxCorp(LJ) 11658 (HC-BOMBAY)
Direct Tax ·Madras High Court · 15 Dec 2016
HC - Assessee’s case fell within one of the conditions stipulated u/s 119(2)(c) as the Circular was issued by the CBDT to grant relief to the retirees of the ICICI Bank under the VRS.
S. Sevugan Chettiar vs. Pr. CIT
(2016) TaxCorp(LJ) 11657 (HC-MADRAS)
Direct Tax ·ITAT Hyderabad · 16 Dec 2016
ITAT - Since credit period extended by assessee to its AE was reasonable particularly when there was no bench mark available, addition of interest at rate of 12 per cent per annum after allowing a credit period of 30 days is not valid.
Oakton Global Technology Services Centre (India) (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle-16(2), Hyderabad
(2016) TaxCorp(LJ) 11656 (ITAT-HYDERABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=50705&Category=ITAT&CategoryType=Zip
Direct Tax ·ITAT Bangalore · 16 Dec 2016
ITAT - Since assessee was an expatriate and was holding managerial position and was experts in the respective fields of managerial skills and was rendering managerial and highly expertise services, sum received by assessee was FTS.
Intel Corporation v. Deputy Director of Income-tax, (International Taxation), Circle 1(1), Bangalore
(2016) TaxCorp(LJ) 11655 (ITAT-BANGALORE) · http://taxcorp.in/FileOpenINTL.aspx?ID=10906&Category=INTLDecisions&CategoryType=Zip
Direct Tax ·ITAT Mumbai · 16 Dec 2016
ITAT - Explanation 1 to section 37(1) could not be invoked merely on basis of an unestablished doubt that expenditure incurred could be for infraction of law.
Bajaj International (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle 3(1), Mumbai
(2016) TaxCorp(LJ) 11654 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=52334&Category=ITAT&CategoryType=Zip
Direct Tax ·ITAT Kolkata · 16 Dec 2016
ITAT - Where purchases and payments made to many sundry creditors continuing from earlier years were accepted by AO then the same could not be treated as bogus.
Income-tax Officer, Ward-12(1), Kolkata v. Standard Leather (P.) Ltd.
(2016) TaxCorp(LJ) 11653 (ITAT-KOLKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=53522&Category=ITAT&CategoryType=Zip
Direct Tax ·Delhi High Court · 16 Dec 2016
HC - Since there was no full disclosure of material facts, reopening of assessment valid.
Aravali Infrapower Ltd. Versus Deputy Commissioner of Income Tax
(2016) TaxCorp(LJ) 11652 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=67957&Category=Judgment&CategoryType=Zip
Direct Tax ·ITAT Delhi · 16 Dec 2016
ITAT - The renovation made by the assessee company is in the nature of permanent structure by way of Brick Wall partitions, panelling of Aluminium, Flooring etc. which cannot be covered under current repairs and only depreciation can only be allowed.
Ripe Component Technologies Pvt. Ltd. Versus Asstt. Commissioner of Income Tax, Circle- 15 (1), New Delhi
(2016) TaxCorp(LJ) 11651 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=53514&Category=ITAT&CategoryType=Zip
Direct Tax ·Bombay High Court · 15 Dec 2016
HC - In view of para 4(A) of Office Memorandum (‘O.M’) dated Feb 29, 2016, AO is obliged to grant stay on payment of 15% of disputed amount where outstanding demand is disputed before the CIT(A).
Andrew Telecommunications India Pvt. Ltd. vs. Principal CIT and Others
(2016) TaxCorp(LJ) 11650 (HC-BOMBAY)

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