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ITAT - Sum received by the assessee towards the damage to the land belonging to the assessee cannot be said to be revenue receipt.
Jagan Nath Prasad & Sons Vs. Income Tax Officer
(2015) TaxCorp(LJ) 8891 (ITAT-DELHI)
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ITAT - Roaming charges paid by assessee to other telecom operators do not attract TDS u/s 194J/194I /194C as provision of roaming services do not involve any 'human intervention'.
Vodafone East Ltd. vs. ACIT
(2015) TaxCorp(LJ) 8888 (ITAT-KOLKATA) · Sections. 194C, 194I
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ITAT - Following CBDT circular No. 225/45/96, interest on Deep discount bonds is not taxable on “accrual” basis for AY 2000-01.
ICICI Securities Primary Dealership Limited vs. ACIT
(2015) TaxCorp(LJ) 8887 (ITAT-MUMBAI)
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HC - No TDS on Wheeling & Transmission charges u/s 194J/194I in case agreement entered is on principal to principal basis.
CIT. vs. M/s. Maharashtra State Electricity Distribution Company Limited
(2015) TaxCorp(LJ) 8886 (HC-BOMBAY) · Sections. 194J, 194I
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ITAT - Since disallowance was not conceded in the return but was adhoc acceptance during the course of assessment, the assessee could not be bound by it.
CIT. vs. M/s Everest Kento Cylinders Ltd.
(2015) TaxCorp(LJ) 8885 (HC-BOMBAY)
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ITAT- Addition based on third party evidence not tenable if no evidence found from assessee because. No reliance can be placed on the statements of a third person.
Shri Vinit Ranawat vs. ACIT
(2015) TaxCorp(LJ) 8884 (ITAT-PUNE)
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HC - Where two opinion or views are available and one of the view is taken by the AO, cannot be a basis for revision of order u/s 263.
M/s Vijay Udhyog Vs. CIT
(2015) TaxCorp(LJ) 8883 (HC-BOMBAY) · Section. 263
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HC - ITAT’s order referring issue to ITAT President for constitution of larger bench set aside as reference was made ignoring judgments & without specific 'reasons'.
Mumbai Metropolitan Region Development Authority Vs. DIT
(2015) TaxCorp(LJ) 8882 (HC-BOMBAY)
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ITAT - Allows deduction of the refunded excess salary received in earlier years for calculation of salary 'due' for AY 2008-09.
Vrajeshwari B Parikh vs. ITO
(2015) TaxCorp(LJ) 8881 (ITAT-AHMEDABAD)
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HC - Compensation received from prospective employer for non- commencement of employment, a capital receipt and not taxable
CIT vs. Pritam Das Narang
(2015) TaxCorp(LJ) 8880 (HC-DELHI)
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SC - SLP Dismissed - HC had quashed sec 271(1)(c) penalty as assessee’s wrong deduction claim was based on legal advice rendered by professionally qualified persons.
CIT vs. Rave Entertainment Pvt Ltd
(2015) TaxCorp(LJ) 8879 (SC) · Section 271(1)(c)
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ITAT - Concept of “pure” life policy finds no mention in Sec 10(10D).
F.C. Sondhi & Company (India) Pvt. Ltd. vs. DCIT
(2015) TaxCorp(LJ) 8878 (ITAT-AMRITSAR) · Section 10(10D)
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ITAT - Presumption u/s 132(4A) is not applicable as neither was the loose paper found in the premises of assessee nor was it in assessee’s possession. Addition deleted.
Ketan V. Shah vs. ACIT
(2015) TaxCorp(LJ) 8877 (ITAT-MUMBAI)
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ITAT - Execution of formal trust deed not necessary for the purpose of granting registration u/s 12AA.
Tsurphu Labrang vs DIT
(2015) TaxCorp(LJ) 8876 (ITAT-DELHI) · Section 12AA
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ITAT - A company showing exceptional financial result due to merger/de-merger could not be accepted as a comparable.
Digital Juice Animations (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle-11 (1), Bangalore
(2015) TaxCorp(LJ) 8865 (ITAT-BANGALORE) · http://taxcorp.in/FileOpenINTL.aspx?ID=8350&Category=INTLDecisions&CategoryType=Zip
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HC - More than three months taken by AO to record satisfaction pursuant to search could not be regarded as unreasonable as AO had to take action against 70 persons
Commissioner of Income-tax-I,Ludhiana v. Mridula
(2015) TaxCorp(LJ) 8864 (HC-P&H) · http://taxcorp.in/FileOpenDT.aspx?ID=60908&Category=Judgment&CategoryType=Zip
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ITAT - Since FTS has not been claimed by assessee as revenue expenditure, same would not fall for consideration in section 40(a)(i). No disallowance of 'FTS'.
Gera Developments (P.) Ltd. v. Joint Commissioner of Income-tax
(2015) TaxCorp(LJ) 8863 (ITAT-PUNE) · http://taxcorp.in/FileOpenDT.aspx?ID=39340&Category=ITAT&CategoryType=Zip
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ITAT - Merely because society had received deposits from non-members and violated provisions of APMACS Act, no denial of sec. 80P benefit.
Assistant Commissioner of Income-tax v. Rangareddy District Judicial Employees Mutually Aided Co-Operative Credit Society Ltd.
(2015) TaxCorp(LJ) 8862 (ITAT-HYDERABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=40730&Category=ITAT&CategoryType=Zip
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ITAT - Since assessee offered additional income and paid taxes thereon before any detection of concealment by revenue authorities, AO could not pass penalty order under section 271(1)(c).
Harpreet Singh v. Income-tax Officer, Ward-2 (3), Chandigarh
(2015) TaxCorp(LJ) 8860 (ITAT-CHANDIGARH) · http://taxcorp.in/FileOpenDT.aspx?ID=42779&Category=ITAT&CategoryType=Zip
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ITAT - Since trucks were hired by assessee from open market and freight was paid to said truck owners at a lesser rate resulting in profits, assessee, will be regarded as a contractor and not as commission agent, was required to deduct TDS u/s 194C while making payments to truck owners/sub-contractors.
Northern Trailor Service v. Income-tax Officer, 1 (2), Ludhiana
(2015) TaxCorp(LJ) 8859 (ITAT-CHANDIGARH) · http://taxcorp.in/FileOpenDT.aspx?ID=42778&Category=ITAT&CategoryType=Zip
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