All landmark rulings

1. Direct Tax ·Delhi High Court · 07 Aug 2014
   Fault or defect in the REP licence was not attributable to the assessee and they had not indulged in any offence or incurred any expenditure for the purpose which was prohibited by law. Sum of Rs.45 lakhs paid on a/c of RF is allowable expenditure

   COMMISSIONER OF INCOME TAX Vs. M/s VIKAS CHEMICALS

   (2014) TaxCorp(LJ) 4008 (HC-DELHI) · Income Tax – Section 37

2. Direct Tax ·Allahabad High Court · 07 Aug 2014
   Whether an application filed without the affidavit of service would be considered as infructuous.

   COMMISSIONER OF INCOME TAX Vs. INDUS PLAST PVT LTD.

   (2014) TaxCorp(LJ) 4007 (HC-ALLAHABAD) · Income Tax - Section 256(2)

3. Direct Tax ·Allahabad High Court · 04 Aug 2014
   Whether any further opportunity of paying penalty in installments can be allowed, when the assessee has defaulted in complying with the time schedule of the previous installments.

   NARENDRA SHARMA Vs. COMMISSIONER OF INCOME TAX-II AND 2 ORS

   (2014) TaxCorp(LJ) 4006 (HC-ALLAHABAD) · Income Tax - Sections 143(3), 271(1)(c)

4. Direct Tax ·Kerala High Court · 17 Jun 2014
   Whether in case the assessment of an assessee remains unchallenged and for that sole reason acquired finality, there can be any question of refund of taxes paid.

   P J BESSY Vs. INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, THE INCOME TAX OFFICER

   (2014) TaxCorp(LJ) 4005 (HC-KERALA)

5. Direct Tax ·Delhi High Court · 31 Jul 2014
   Whether the provisions of subsection (1) of section 150 would be applicable and the bar of limitation under section 149 would not be applicable in cases falling under clause (ii) of sub-section (3) of section 153 read with Explanation 2.

   COMMISSIONER OF INCOME TAX Vs. PP ENGINEERING WORK

   (2014) TaxCorp(LJ) 4004 (HC-DELHI) · Income Tax – Sections 68, 147,148, 149, 153, 150(1), 150(2)

6. Direct Tax ·Madras High Court · 30 Jul 2014
   Whether the High Court can entertain a petition against the original order, which has repeatedly been the subject matter of appeals before the Commissioner as well as the Tribunal.

   PURSHOTAMDAS JAIN Vs. THE COMMISSIONER OF INCOME TAX, ASST COMMISSIONER OF INCOME TAX

   (2014) TaxCorp(LJ) 4003 (HC-MADRAS) · Income Tax - Sections 158BC, 264

7. Direct Tax ·ITAT Delhi · 29 Apr 2014
   Whether in the business of software development, acquiring a licence on a specific date for distribution by company via satellite can be held to be the date on which the business has commenced.

   DEPUTY COMMISSIONER OF INCOME TAX Vs. M/s TEKRITI SOFTWARE PVT LTD.

   (2014) TaxCorp(LJ) 4002 (ITAT-DELHI) · Income Tax - Sections 143(2), 271(1)(c)

8. Direct Tax ·ITAT Kolkata · 17 Jul 2014
   Whether amount advanced by the assessee which could not be recovered has to be treated as a business loss where the assessee lent this money to a stock broker who was a close finance associates, the money was advanced in the direct and proximate connection of the business and there was a nexus between business operation of the assessee and this loss.

   INCOME TAX OFFICER Vs. SHRI UMA SHANKAR GOENKA

   (2014) TaxCorp(LJ) 4001 (ITAT-KOLKATA) · Income Tax - Sections 143(3), 36(1)(vii), 36(2)

9. Direct Tax ·ITAT Hyderabad · 25 Jun 2014
   Whether the CIT(A) is justified in allowing the expenditure incurred for material consumed when the CIT(A) has given a finding that increase in material consumption has effected a corresponding increase in circulation revenue.

   M/s SPR PUBLICATIONS PVT LTD. Vs. ASSTT COMMISSIONER OF INCOME TAX

   (2014) TaxCorp(LJ) 4000 (ITAT-HYDERABAD) · Income Tax - Sections 40(a)(ia), 143(3), 144

10. Direct Tax ·ITAT Lucknow · 04 Jul 2014
    Whether the ex-parte assessment order by the CIT(A) was bad in law.

    M/s HINDUSTAN FERRO & INDUSTRIES LTD. Vs. INCOME TAX OFFICER

    (2014) TaxCorp(LJ) 3999 (ITAT-LUCKNOW) · Income Tax - Sections 41(1), 43B, 143(3)

11. Direct Tax ·ITAT Mumbai · 08 Aug 2014
    Whether if it has been not revisited, the reasons recorded being supported by material, it would be a case of change of opinion.

    TIVOLI INVESTMENT AND TRADING CO PVT LTD. Vs. DUPTY COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3998 (ITAT-MUMBAI) · Income Tax - Sections 24(a), 34(1)(b), 119(1)(b), 143(3), 147, 158A, 268A

12. Direct Tax ·ITAT Delhi · 22 Aug 2014
    80IC Benefits cannot be denied merely because audit report refers to 'rendering services of jobwork' as main business

    DCIT Vs LEGACY FOODS PVT LTD

    (2014) TaxCorp(LJ) 3997 (ITAT-DELHI) · 80IC

13. Direct Tax ·ITAT Lucknow · 21 Aug 2014
    Charging of interest u/s 201(1A) from deductor is mandatory even if deductee pays its dues in time

    AO(DAD)HAL DEFENCE ACCOUNTS DEPARTMENT AERONAUTICS LTD Vs DCIT

    (2014) TaxCorp(LJ) 3996 (ITAT-LUCKNOW) · Income Tax Act, 1961 - 201(1A)

14. Direct Tax ·ITAT Chandigarh · 08 Aug 2014
    The Assessing Officer was also directed that in view of the proviso to section 92C(4) of the Act, the assessee would not be entitled to the deduction under section 10A, 10AA, 10B or Chapter VI-A of the Act.

    DSM ANTI INFECTIVES INDIA LTD. Vs DCIT

    (2014) TaxCorp(LJ) 3995 (ITAT-CHANDIGARH) · Income tax - Sections 10A, 10AA, 10B, 92C(4), 92CA(1) & (3), 143(3), 144C(13)

15. Direct Tax ·ITAT Chandigarh · 07 Aug 2014
    Whether interest earned on account of loan and advances made to a joint venture company could be claimed as deduction.

    DSM ANTI INFECTIVES INDIA LTD. Vs. Addl. CIT

    (2014) TaxCorp(LJ) 3994 (ITAT-CHANDIGARH) · Income tax – Sections 14A, 36(i)(iii), 37, 80HHC, 92C, 143(3), 144C(1), 234A, 234B, 234C, 271(1)(c)

16. Direct Tax ·Madras High Court · 06 Aug 2014
    Whether before determining the nature of expenditure incurred towards modernization and replacement of machinery, the impact of such replaced materials on the productivity has to be assessed

    CIT. Vs. PRABHU SPINNING MILLS PVT LTD.

    (2014) TaxCorp(LJ) 3993 (HC-MADRAS) · Income Tax – Sections 31, 37

17. Direct Tax ·Allahabad High Court · 11 Aug 2014
    Whether TDS u/s 194-C is to be deducted on vehicle hire charges taken for fixed tenure and exclusive usage by the assessee

    CIT. Vs. FRESSSCALE SEMICONDUCTOR INDIA PVT. LTD.

    (2014) TaxCorp(LJ) 3992 (HC-ALLAHABAD) · Income Tax - Sections 43(3), 194C, 194I, 260A

18. Direct Tax ·ITAT Pune · 20 Aug 2014
    Whether the assessee can claim award of cost against judicial/quasi judicial orders

    PARKAR MEDICAL FOUNDATION Vs. DCIT

    (2014) TaxCorp(LJ) 3991 (ITAT-PUNE) · Income Tax - Sections 11, 13(1)(c), 143(1), 143(3), 148, 254(2B), 263

19. Direct Tax ·ITAT Mumbai · 20 Aug 2014
    Whether the amendment made vide Finance Act, 2010 in Sec 40(a)(ia) providing for non-disallowance if the TDS is paid before the due date for filing of return u/s 139(1), is retrospective in nature

    INDO STOSEC PVT LTD. Vs.ITO

    (2014) TaxCorp(LJ) 3990 (ITAT-MUMBAI) · Income tax – Sections 10(38), 40(a)(ia), 111A, 115JB, 139(1)

20. Direct Tax ·ITAT Delhi · 12 Aug 2014
    Whether sales tax concessions offered by the State in lieu of setting up manufacturing facility in a notified backward area are necessarily capital receipt.

    JOHNSON MATTHEY INDIA PVT LTD. Vs. Addl. CIT

    (2014) TaxCorp(LJ) 3989 (ITAT-DELHI) · Income Tax - Sections 28 (iv), 234B, 234D, 250

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