All landmark rulings

21,662 rulings

Desk: Both Direct Tax GST

Direct Tax ·ITAT Chennai · 08 Dec 2015
ITAT - Rule 7B applicable to income from selling of sun dried coffee seeds where assessee was not engaged in other processing activities.
Income-tax Officer, Business Ward XIII (1), Chennai v. T.C. Abraham
(2015) TaxCorp(LJ) 9617 (ITAT-CHENNAI) · http://taxcorp.in/FileOpenDT.aspx?ID=43483&Category=ITAT&CategoryType=Zip
Direct Tax ·ITAT Pune · 07 Dec 2015
ITAT - Even if the expenditure is of enduring benefit, but having not been incurred in the capital field, is to be allowed as deduction.
DCIT vs. Autoline Industries Ltd.
(2015) TaxCorp(LJ) 9609 (ITAT-PUNE)
Direct Tax ·Supreme Court · 04 Dec 2015
SC - SLP Dismissed - HC had held that when there is a clear admission, voluntarily made, by the assessee, that would constitute a good piece of evidence for the Revenue.
B. KISHORE KUMAR Vs THE DY. COMMISSIONER OF INCOME TAX
(2015) TaxCorp(LJ) 9592 (SC)
Direct Tax ·ITAT Delhi · 04 Dec 2015
ITAT - Encashment of performance bank guarantee owing to contractual disputes, being wholly and exclusively for the purpose of assessee's is allowable deduction u/s 37(1).
SIS Live Vs ACIT
(2015) TaxCorp(LJ) 9591 (ITAT-DELHI)
Direct Tax ·ITAT Kolkata · 04 Dec 2015
ITAT - UCO Bank is not a "company" under Companies Act and therefore is not covered under newly inserted Explanation 3 to Sec 115JB.
UCO Bank vs. DCIT
(2015) TaxCorp(LJ) 9590 (ITAT-KOLKATA)
Direct Tax ·ITAT Chennai · 04 Dec 2015
ITAT - Interest on income tax refund u/s 244A is TDS u/s 195, under India - Italy DTAA
Ansaldo Energia SPA Vs DDIT
(2015) TaxCorp(LJ) 9589 (ITAT-CHENNAI) · Section 195
Direct Tax ·ITAT Ahmedabad · 04 Dec 2015
ITAT - No TDS u/s 195 on payments made to entities based in US and Canada towards bio- analytical services on samples.
ITO vs. B A Research India Pvt Ltd
(2015) TaxCorp(LJ) 9588 (ITAT-AHMEDABAD) · Section 195
Direct Tax ·ITAT Pune · 04 Dec 2015
ITAT - Where the directors had given services and in recognition thereof, there was proposal to pay commission to the said directors, then the same could not be questioned merely on the basis of speculation by the Revenue that the same was to avoid payment of dividend tax.
Arihantam Infraprojects Pvt Ltd vs JCIT
(2015) TaxCorp(LJ) 9579 (ITAT-PUNE)
Direct Tax ·ITAT Ahmedabad · 03 Dec 2015
Entire law on transfer pricing implications of (i) allowing excess credit to AE's on account of sale of goods and (ii) issue of corporate guarantee to AEs (after insertion of Explanation i(c) to s. 92B by FA 2012) explained
Micro Ink Limited vs. ACIT
(2015) TaxCorp(LJ) 9578 (ITAT-AHMEDABAD) · Section 92B
Direct Tax ·ITAT Mumbai · 03 Dec 2015
S. 68 (bogus share capital): Despite statement of Mukesh C. Choksi & Jayesh Sampat admitting bogus share capital, addition cannot be made in assessee-company's hands
ITO vs. Superline Construction P. Ltd
(2015) TaxCorp(LJ) 9577 (ITAT-MUMBAI) · Section 68
Direct Tax ·ITAT Kolkata · 03 Dec 2015
S. 271(1)(c): A penalty notice u/s 274 which does not strike out the irrelevant portion & which does not specify whether the penalty is for “concealment” or for “furnishing inaccurate particulars” renders the penalty order void
Suvaprasanna Bhattacharya vs. ACIT
(2015) TaxCorp(LJ) 9576 (ITAT-KOLKATA) · Section 271(1)(c)
Direct Tax ·ITAT Ahmedabad · 03 Dec 2015
ITAT - Amount received by assessee for confirming sale deed is taxable under ‘income from other sources’.
Maheshkumar R. Patel vs. ITO
(2015) TaxCorp(LJ) 9575 (ITAT-AHMEDABAD) · Section 56(2)(vii)
Direct Tax ·ITAT Kolkata · 03 Dec 2015
ITAT - In view of Explanation 5 to Sec 271(1)(c) in respect of income offered after search but in the return filed u/s 153A, immunity from penalty granted.
D.C.I.T, Kolkata vs. Deepak Choudhury
(2015) TaxCorp(LJ) 9574 (ITAT-KOLKATA)
Direct Tax ·Karnataka High Court · 02 Dec 2015
HC - High Court can ignore CBDT circulars and proceed to decide statutory appeals on merits where substantial question of law is involved.
CIT vs. South Travancore Distilleries & Allied Products
(2015) TaxCorp(LJ) 9565 (HC-KARNATAKA)
Direct Tax ·ITAT Delhi · 01 Dec 2015
ITAT - Free samples were distributed to doctors/medical practitioners in pursuance to their specific requests, thus it cannot be treated as ‘gifts’; allowable u/s 37.
Eli Lilly & Co. (India) Pvt. Ltd. vs. ACIT
(2015) TaxCorp(LJ) 9556 (ITAT-DELHI) · Section 37
Direct Tax ·P&H High Court · 01 Dec 2015
HC - Tribunal not empowered to grant stay against launch of prosecution proceedings u/s 276C(1).
CIT vs ITAT Delhi
(2015) TaxCorp(LJ) 9555 (HC-P&H) · Section 254
Direct Tax ·Delhi High Court · 29 Nov 2015
S. 68 (share capital): (i) It is a fallacy to assume that a company which has not commenced business has unaccounted money, (ii) Fact that investors have a common address is not relevant, (iii) Fact that shares were subsequently sold at reduced rate is not relevant
CIT vs. Five Vision Promoters Pvt. Ltd
(2015) TaxCorp(LJ) 9554 (HC-DELHI) · Section 68
Direct Tax ·P&H High Court · 29 Nov 2015
S. 254(1): The ITAT has no jurisdiction to grant a stay of prosecution proceedings as such proceedings are not directly & substantially flowing from the orders impugned before it
Pr. CIT vs. ITAT, Jindal Steel & Power
(2015) TaxCorp(LJ) 9553 (HC-P&H) · Section 254(1)
Direct Tax ·Supreme Court · 29 Nov 2015
S. 3 of Indian Evidence Act: A "Compact Disc" (CD) is a "document" and is admissible as evidence
Shamsher Singh Verma vs. State of Haryana
(2015) TaxCorp(LJ) 9552 (SC) · Section 3
Direct Tax ·Bombay High Court · 27 Nov 2015
S. 32/ 43(6): Even assets installed in a discontinued business are eligible for depreciation as part of 'block of assets'
CIT vs. Sonic Biochem Extractions Pvt. Ltd
(2015) TaxCorp(LJ) 9551 (HC-BOMBAY) · Sections 32, 43(6)

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