All landmark rulings

21,682 rulings

Desk: Both Direct Tax GST

Direct Tax ·Delhi High Court · 20 Jul 2015
S. 40(a)(ia): The obligation to deduct TDS is only with respect to "income". As amounts paid as "reimbursement of expenses" do not have the character of income, there is no obligation to deduct TDS
CIT vs. DLF Commercial Project Corp
(2015) TaxCorp(LJ) 7240 (HC-DELHI) · Section 40(a)(ia)
Direct Tax ·ITAT Delhi · 17 Jun 2015
Additional Evidence under Rule 46A must be allowed for reasonable cause
M/s. ONS Creations Private Limited Vs. ITO
(2015) TaxCorp(LJ) 7218 (ITAT-DELHI)
Direct Tax ·ITAT Delhi · 17 Jun 2015
Section 153C not applicable in absence of satisfaction recorded in the case of person searched that document belongs to the Assessee
Ms. Meena Rani Vs. ACIT
(2015) TaxCorp(LJ) 7217 (ITAT-DELHI) · Section 153C
Direct Tax ·ITAT Kolkata · 01 Jul 2015
Letting out Commercial Property on composite rent is taxable as Business Income
M/s. Dutta Properties Vs. I.T.O
(2015) TaxCorp(LJ) 7216 (ITAT-KOLKATA)
Direct Tax ·ITAT Delhi · 08 Jul 2015
S. 263 CIT cannot set aside Assessment order passed after proper examination, inquiry & verification
Maya Gupta vs. CIT
(2015) TaxCorp(LJ) 7209 (ITAT-DELHI) · Section. 263
Direct Tax ·Supreme Court · 05 May 2015
Supervising & Liasioning in relation to loading goods cannot be classified as C & F Agents services
M/s. Coal Handlers Private Ltd. vs. CCE
(2015) TaxCorp(LJ) 7208 (SC)
Direct Tax ·ITAT Mumbai · 17 Jul 2015
ITAT - Amount received by assessee (an individual) under the family settlement cannot be assessed under the head “capital gains”.
Urmila Mahesh Nathani vs. ITO
(2015) TaxCorp(LJ) 7207 (ITAT-MUMBAI)
Direct Tax ·MP High Court · 15 Jul 2015
S. 153C: Even if the AO of the searched person and of the "other person" (i.e. the assessee) is the same, the proper satisfaction has to be recorded before assuming jurisdiction over the assessee. Failure to record satisfaction renders the assessment order null and void
CIT vs. M/s Mechmen
(2015) TaxCorp(LJ) 7205 (HC-MP) · Section 153C
Direct Tax ·ITAT Delhi · 15 Jul 2015
S. 148/ 292BB: Issue of notice in the name of the deceased person renders the assessment order null and void even if the order is passed in the name of the legal heir. The fact that the legal heir attended the proceedings does not make it a curable defect u/s 292BB
ITO vs. Late Som Nath Malhotra
(2015) TaxCorp(LJ) 7204 (ITAT-DELHI) · Sections 148, 292BB
Direct Tax ·ITAT Mumbai · 15 Jul 2015
S. 54: Booking a flat which is going to be constructed by the builder is a case of “construction” of the flat. If the flat is booked prior to the date of transfer of the old flat, deduction u/s 54 is not available. The date of receiving possession of the new flat cannot be regarded as the date of “purchase” of the new flat
ACIT vs. Sagar Nitin Parikh
(2015) TaxCorp(LJ) 7203 (ITAT-MUMBAI) · Section 54
Direct Tax ·ITAT Pune · 15 Jul 2015
S. 10(23C) (iiiab): Law on treating an educational institution as running with a profit motive and treating the donations received by it as “capitation fee” on the basis of the allegation of the persons who have made the said donation explained
Deccan Education Society vs. ACIT
(2015) TaxCorp(LJ) 7200 (ITAT-PUNE) · Section 10(23C) (iiiab)
Direct Tax ·Delhi High Court · 15 Jul 2015
S. 37(1): The very nature of a license agreement is that it is not of a permanent nature. The fact that the payment is spread over a period of 10 yearst does not make the assessee the owner of the technical knowhow. The payment is not of an enduring nature
CIT vs. SMCC Construction India Ltd
(2015) TaxCorp(LJ) 7199 (HC-DELHI) · Section 37(1)
Direct Tax ·ITAT Delhi · 15 Jul 2015
ITAT - No addition u/s 68 merely based on some documents impounded during search/seizure operation. No effort taken by AO in rebutting the evidence provided by assessee.
Delco India Pvt. Ltd. vs. ACIT
(2015) TaxCorp(LJ) 7186 (ITAT-DELHI) · Sections. 292C, 68
Direct Tax ·ITAT Mumbai · 30 Jan 2013
ITAT - Payment for transfer of exclusive technology alongwith IP is liable to tax as royalty / fees for technical services under IT Act as well as India-UK DTAA. TDS applicable.
Bajaj Holdings & Investments Ltd. vs. ADIT
(2015) TaxCorp(LJ) 7167 (ITAT-MUMBAI)
Direct Tax ·Bombay High Court · 14 Jul 2015
HC - No penal consequences to a non-resident assessee due to deductor’s default in depositing TDS.
Zulfikar Jeewanjee Moriswala & Anr. vs. DCIT & Ors.
(2015) TaxCorp(LJ) 7166 (HC-BOMBAY)
Direct Tax ·ITAT Delhi · 17 Jun 2015
ITAT - Addition cannot be made for cash deposits in the bank account received against sale of land as undisclosed investment for mere failure of Assessee to produce such purchases before the AO during the course of assessment.
Income Tax Officer Vs. Sh. Mahender Singh
(2015) TaxCorp(LJ) 7165 (ITAT-DELHI)
Direct Tax ·ITAT Ahmedabad · 13 Jul 2015
ITAT - No TDS u/s 194H on sale of pre-paid vouchers / sim-cards by assessee (a telecom operator) to its distributors.
Vodafone Essar Gujarat Limited vs. ACIT TDS Circle
(2015) TaxCorp(LJ) 7156 (ITAT-AHMEDABAD)
Direct Tax ·ITAT Ahmedabad · 08 May 2015
ITAT - ‘On money’ received by assessee did not have the character of income but was only an advance. Sale consideration is taxable in the year in which sale transaction completes either on handing over the possession of the flats or on execution of transfer deed whichever happens earlier.
DCIT. vs. Ohm Developers
(2015) TaxCorp(LJ) 7155 (ITAT-AHMEDABAD)
Direct Tax ·ITAT Mumbai · 22 May 2015
ITAT - No addition can be made u/s 2(22)(e) when assessee is neither a registered shareholder nor a beneficial shareholder.
Satellite Cable TV Network Pvt. Ltd. Vs. ITO
(2015) TaxCorp(LJ) 7154 (ITAT-MUMBAI) · Section. 2(22)(e)
Direct Tax ·ITAT Mumbai · 14 May 2015
ITAT - Loss in pension fund is liable to be excluded from the actual income of the insurance business.
Birla Sunlife Insurance Compnay Ltd. Vs. JCIT
(2015) TaxCorp(LJ) 7153 (ITAT-MUMBAI)

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