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HC - Unless Revenue sets out reasons either in appeal memo or on affidavit as to why the ratio of earlier orders inapplicable, appeal will not be entertained.
CIT. vs. Smt. Veena Gope Shroff
(2015) TaxCorp(LJ) 5371 (HC-BOMBAY)
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HC - Unaccounted Sales - It is not the entire sales consideration which is to be brought to tax but only the profit attributable on the total unrecorded sales consideration which alone can be subject to income tax
CIT. Vs. Hariram Bhambhani
(2015) TaxCorp(LJ) 5369 (HC-BOMBAY)
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HC - Revision u/s 263 - If a query is raised during assessment proceedings and responded to by the assessee, the mere fact that it is not dealt with in the assessment Order would not lead to a conclusion that no mind had been applied to it
CIT. Vs. Fine Jewellery (India) Ltd.
(2015) TaxCorp(LJ) 5368 (HC-BOMBAY) · Saction. 263
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HC - Uniformity in treatment is the basis premise of rule of law. The Dept cannot arbitrarily pick and choose which orders of the ITAT should be challenged in the High Court. If ITAT has followed an order which is not challenged by the Dept then an affidavit must be filed explaining the distinguishing features which warrants the different view
CIT. Vs. State Bank Of India
(2015) TaxCorp(LJ) 5367 (HC-BOMBAY)
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ITAT - When registration under section 12A was not available with the assessee for the impugned assessment year, benefit of exemption under section 11 cannot be given to the assessee
Awadh Public School Academy Versus Income Tax Officer
(2015) TaxCorp(LJ) 5364 (ITAT-LUCKNOW) · http://taxcorp.in/FileOpenDT.aspx?ID=39678&Category=ITAT&CategoryType=Zip
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ITAT - The activities are meant for general public utility, i.e. whoever wants to advance his/her qualifications in the banking industry and eligible for deduction u/s 11
The Indian Institute of Banking & Finance Versus DDIT(Exemption) - Range II(1), Mumbai
(2015) TaxCorp(LJ) 5363 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39680&Category=ITAT&CategoryType=Zip
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ITAT - Since the society is eligible for exemption u/s 11 and 12 of the Act, the necessary corollary is that treatment of heads of income become irrelevant.
Help, C/o Vinod Kumar Bindal And Co. Versus ADIT (E), Trust Circle-Ii, New Delhi
(2015) TaxCorp(LJ) 5362 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39681&Category=ITAT&CategoryType=Zip
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ITAT - A flat which is newly constructed by a builder on behalf of the assessee is in no way different from a house constructed. Section 54F being a beneficial provision has to be interpreted so as to give the benefit of residential unit viz., flat instead of house
Sri Pradeep Kumar Chowdhry, Hyderabad Versus The Deputy CIT Circle-1(1) Hyderabad
(2015) TaxCorp(LJ) 5361 (ITAT-HYDERABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=39682&Category=ITAT&CategoryType=Zip
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ITAT - Capacity Sales Agreement not taxable as royalties u/s 9(1)(vi)
M/s. Flag Telecom Group Limited Versus DCIT Cir-2(1) and Asst. DIT (IT) -1(1) Mumbia
(2015) TaxCorp(LJ) 5360 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=39646&Category=ITAT&CategoryType=Zip
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HC - Doctors drawing variable pay with or without contract and doctors drawing fixed plus variable pay; TDS applicable u/s 194J and not u/s 192
The Commissioner of Income Tax (TDS), Pune Versus Grant Medical Foundation (RUBY Hall Clinic)
(2015) TaxCorp(LJ) 5359 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=60380&Category=Judgment&CategoryType=Zip
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HC - Royalty u/s 9(1)(vi) - Lump-sum payments are covered under the term ‘royalty’. The agreement postulated grant of permission to use or right to use intellectual property rights or know how and it is not a case of outright sale
HCL LIMITED Versus THE COMMISSIONER OF INCOME TAX NEW DELHI
(2015) TaxCorp(LJ) 5358 (HC-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7865&Category=INTLDecisions&CategoryType=Zip
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ITAT - Flat purchased by the assessee in the name of his wife out of the sale consideration of flat in the name of the assessee should be considered as allowable deduction u/s.54(2)
Shirish Vinayak Godbole Vs. ITO
(2015) TaxCorp(LJ) 5353 (ITAT-PUNE) · Section 54
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HC - The contribution made by the respective persons was treated as a loan and the explanation that they were to be made partners later was not accepted. Thus, penalty Imposable on cash loan from person other than partners
M/s. Soundarya Textiles Vs. The Assistant Commissioner Of Income Tax
(2015) TaxCorp(LJ) 5352 (HC-KERALA)
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ITAT - Repair and maintenance expenses of a rented premises taken on lease for five year is capital expenditure
Vardhman Developers Ltd. vs. ITO
(2015) TaxCorp(LJ) 5351 (ITAT-MUMBAI)
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HC - The partner to whom property was sold has admitted the receipts of Rs.65 lakhs, coupled with the fact that the market value was Rs.62.38 lakhs, addition upheld on firm.
Sri Saleswara Industries Mahajanahalli v. Income-tax Officer, Ward-3, Davangere
(2015) TaxCorp(LJ) 5345 (HC-KARNATAKA) · http://taxcorp.in/FileOpenDT.aspx?ID=58917&Category=Judgment&CategoryType=Zip
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ITAT - AO is precluded from making a reference to the TPO u/s 92CA(1) of the Act for the purposes of computing arm's length price in relation to the international transaction when no assessment proceedings are pending in relation to the relevant assessment year. Since there was no assessment proceedings pending, reference to TPO was invalid, and consequently the subsequent order passed by the TPO was a nullity in law and void ab initio. Reopening also not valid.
Maximize Learning Private Limited vs. ACIT
(2015) TaxCorp(LJ) 5333 (ITAT-PUNE)
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AAR - Assessee which is a project engineering company, is entitled to exemption u/s 10B on plant installation project executed outside India.
CIT vs AAR ESS EXIM Pvt Ltd
(2015) TaxCorp(LJ) 5332 (HC-DELHI) · Section 10B
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HC - Lumpsum payment by assessee to a foreign company under the “Technology Transfer and Technical Assistance Agreement” for 5 yrs., is “Royalty" as rights not fully alienated
HCL Limited vs. The CIT
(2015) TaxCorp(LJ) 5331 (HC-DELHI)
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ITAT - Interest on indirect taxes takes the shape of taxes and are allowable under the provisions of the Act
Silicon Graphics Systems (I), Pvt. Ltd. Versus DCIT, Circle 8(1), New Delhi
(2015) TaxCorp(LJ) 5330 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=38919&Category=ITAT&CategoryType=Zip
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ITAT - Notices were sent on the wrong address of the assessee, despite this fact that the new address was very much available on the record of the Assessing Officer on which earlier notices u/s 143(2) were sent by the same AO and assessment u/s 143(3), thus reassessment framed u/s 147 r.w.s. 143(3) of the Act will be null and void
DCIT, Circle 15(1), New Delhi Versus M/s Reliable Securities Ltd.
(2015) TaxCorp(LJ) 5329 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39267&Category=ITAT&CategoryType=Zip
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