All landmark rulings

21,662 rulings

Desk: Both Direct Tax GST

Direct Tax ·ITAT Pune · 12 Jun 2015
Books cannot be rejected when PAN mentioned and TDS was deducted
VV Constructions v ACIT
(2015) TaxCorp(LJ) 8965 (ITAT-PUNE)
Direct Tax ·Karnataka High Court · 29 Sep 2015
HC - Due-date extension is a matter in Govt. domain. CBDT to consider peremptorily representations.
Karnataka State Chartered Accountants Association
(2015) TaxCorp(LJ) 8964 (HC-KARNATAKA)
Direct Tax ·Supreme Court · 28 Sep 2015
SC - Assessee can exercise option of income accumulation in its return of income. A charitable trust (for relevant AY 1994-95) could accumulate only upto 25% of total receipts.
CIT. vs. G.R. Govindarajulu & Sons
(2015) TaxCorp(LJ) 8963 (SC)
Direct Tax ·Delhi High Court · 28 Sep 2015
HC - Lease of plant/machinery along-with land/building for 10 years period is not transfer u/s 2(47). No capital gains u/s 45 for AY 1994-95.
Teletube Electronics Limited vs. CIT
(2015) TaxCorp(LJ) 8962 (HC-DELHI)
Direct Tax ·ITAT Jaipur · 25 Sep 2015
ITAT - Voluntary disclosure does not release assessee from the mischief of penal proceedings.
Nirmal Kumar Bardia vs. DCIT
(2015) TaxCorp(LJ) 8961 (ITAT-JAIPUR) · Section. 271(1)(c)
Direct Tax ·ITAT Bangalore · 25 Sep 2015
ITAT - As software cost was capitalised and not claimed as expenditure, question of Sec 40(a)(ia) applicability on depreciation does not arise.
Kawasaki Microelectronics Inc vs. DDIT
(2015) TaxCorp(LJ) 8960 (ITAT-BANGALORE) · Section. 40(a)(ia)
Direct Tax ·ITAT Hyderabad · 25 Sep 2015
ITAT - Income from production and sale of basic "seeds" is agricultural income exempt u/s 10(1).
ACIT. vs. Prabhat Agri Biotech
(2015) TaxCorp(LJ) 8958 (ITAT-HYDERABAD) · Section. 10(1)
Direct Tax ·ITAT Delhi · 25 Sep 2015
ITAT - Simply because the gross profit returned in certain months is lower than the average profit declared by the assessee, cannot be sole ground to estimate the suppressed sales.
DCIT. vs. Ganpati Traders
(2015) TaxCorp(LJ) 8957 (ITAT-DELHI)
Direct Tax ·ITAT Bangalore · 25 Sep 2015
ITAT - Section 11 benefit available to a Development Board.
Karnataka Industrial Area Development Board vs. ADIT
(2015) TaxCorp(LJ) 8956 (ITAT-BANGALORE) · Section. 11
Direct Tax ·Supreme Court · 28 Sep 2015
SC - Entire law on the taxation of deceased persons and their estate explained in the context of the Income-tax Act and the Central Excise Act
Shabina Abraham & Ors vs. Collector of Central Excise
(2015) TaxCorp(LJ) 8955 (SC)
Direct Tax ·Supreme Court · 28 Sep 2015
SC - Important principles relating to valuation of property subject to the Land Ceiling Act explained in the context of the Wealth-tax Act
Sri S. N. Wadiyar (Dead) Through LR vs. CWT
(2015) TaxCorp(LJ) 8954 (SC)
Direct Tax ·Delhi High Court · 28 Sep 2015
HC - To determine whether the “agricultural land” is situated within 8 km of the municipal limits so as to constitute a “capital asset”, the distance has to be measured in terms of the approach road and not by the straight line distance on horizontal plane or as per crow's flight (S. 2(14)(iii)(b))
CIT vs. Vijay Singh Kadan
(2015) TaxCorp(LJ) 8953 (HC-DELHI) · Section 2(14)(iii)(b)
Direct Tax ·ITAT Kolkata · 01 Sep 2015
ITAT - The assessee’s representative conceding the evasion of tax is of no consequence because assessee cannot be made to suffer for the wrong advice of counsel. Specific Concealment of Income has to be established for levy of Penalty.
M/s. Chaurasia & Sons. Vs. I.T.O.
(2015) TaxCorp(LJ) 8944 (ITAT-KOLKATA)
Direct Tax ·ITAT Bangalore · 07 Aug 2015
ITAT - Since the credit entries in question do not relate to previous year relevant to AY 2009-10, the same cannot be brought to tax u/s. 68 of the Act. No addition can be made u/s. 68 if credits are not related to relevant Assessment year.
Glen Villiams Vs. ACIT
(2015) TaxCorp(LJ) 8943 (ITAT-BANGALORE) · Section 68
Direct Tax ·ITAT Delhi · 07 Aug 2015
ITAT - Since the claim has been given up in the second Remand Report by the AO himself, the AO cannot claim to be aggrieved by the findings arrived at relying upon his own Remand Report. Appeal not maintainable against addition deleted based on Remand Report.
ACIT vs. R.P.G.Credit & Capital Ltd.
(2015) TaxCorp(LJ) 8942 (ITAT-DELHI)
Direct Tax ·ITAT Mumbai · 13 May 2015
ITAT - Pre A.Y. 2015-16 Sec. 54EC exemption limit of Rs. 50 Lakh is per year & not based on transaction.
C.R. developments Vs. JCIT
(2015) TaxCorp(LJ) 8941 (ITAT-MUMBAI) · Section 54EC
Direct Tax ·ITAT Mumbai · 03 Jun 2015
ITAT - Loan given by Company to its substantial shareholder will attracts provisions of sec. 2(22)(e) if the same were not lent in ordinary course of business and mere payment of loan amount would not escape assesse from provision of Section 2 (22)(e).
CIT Vs. Sh. Chandrakant V. Gosalia
(2015) TaxCorp(LJ) 8940 (ITAT-MUMBAI) · Section 2(22) (e)
Direct Tax ·ITAT Chennai · 15 May 2015
ITAT - Exemption cannot be denied merely for claiming the exemption under section 10B instead of Section 10A.
M/s. Annam Software Pvt. Ltd. vs. Commissioner of Income-Tax
(2015) TaxCorp(LJ) 8939 (ITAT-CHENNAI)
Direct Tax ·Kerala High Court · 25 Jun 2015
HC - Tax deduction under a heading by payer cannot be determinative of character of income of payee. Letting out lorries can not be treated as contractual business merely because TDS was deducted u/s 194C instead of u/s 194I.
Kottinatu Transporters vs. CIT, Kottayam
(2015) TaxCorp(LJ) 8893 (HC-KERALA)
Direct Tax ·Supreme Court · 02 Sep 2015
SC - Section 11B of the Central Excise Act, as amended, applies to the cases where though an order has been passed directing refund, implementation of the order is pending.
COMMISSIONER OF CENTRAL EXCISE V/s. M/S. DALMIA CEMENTS (BHARAT) LTD.
(2015) TaxCorp(LJ) 8892 (SC) · Section. 11B

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