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ITAT - Judgement of a non-jurisdictional High Court has to be preferred over the judgement of a Special Bench of the ITAT. In the absence of exempt income, s. 14A disallowance cannot be added to s. 115JB book profits even if assessee has accepted s. 14A disallowance in the normal computation
Minda Sai Limited Vs. ITO
(2015) TaxCorp(LJ) 5046 (ITAT-DELHI) · Sections. 32(2), 14A, 115JB
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ITAT - Rent from mobile companies for use of terrace to install antennas is chargeable as 'income from house property' and not from 'other sources'. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be taxed as 'income from house property''
Manpreet Singh Vs. ITO
(2015) TaxCorp(LJ) 5044 (ITAT-DELHI)
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ITAT - MRP is a legal fiction created for purpose of section 4A of Excise Act read with section 3 of Customs Act and relevant provisions of Standard Weights and Measure Act and has no application under Income Tax Act to impugned transaction to make TP addition
Tianjin Tianshi Biological Development Company Ltd. v. Deputy Commissioner of Income-tax, Circle-2(2), International Taxation, New Delhi
(2015) TaxCorp(LJ) 5041 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7686&Category=INTLDecisions&CategoryType=Zip
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ITAT - Since assessee had not been afforded an effective opportunity to substantiate its computation of royalty expenditure and satisfy authorities that payment of royalty to associate enterprise was at arm's length, matter required readjudication.
Munjal Showa Ltd. v. Assistant Commissioner of Income-tax, Range-5, New Delhi
(2015) TaxCorp(LJ) 5037 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7778&Category=INTLDecisions&CategoryType=Zip
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ITAT - The assessee has parted with some part of the commission received from the builder from alluring the purchaser so that it can earn more commission. It is just providing a discount to the purchaser and not paying any commission for any services taken from such customers. Not liable to TDS u/s 194H
ACIT, Circle 9(1), New Delhi Versus Surendra Buildtech Pvt. Ltd.
(2015) TaxCorp(LJ) 5026 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=38554&Category=ITAT&CategoryType=Zip
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ITAT - 4 working days is insufficient to produce the voluminous documents necessary for answering the queries raised by the TPO along with supporting documents. The TPO’s order was vitiated for violation of natural justice
Bombardier Transportation India Ltd. Versus Assistant Commissioner of Income-tax, Circle-3 (1), New Delhi
(2015) TaxCorp(LJ) 5023 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39109&Category=ITAT&CategoryType=Zip
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ITAT - If a share is held for more than two or three months and then sold, the transaction cannot be properly classified as trading in shares
ACIT, Circle 36(1), New Delhi Versus Sh. Naveen Shrivastava
(2015) TaxCorp(LJ) 5021 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39119&Category=ITAT&CategoryType=Zip
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ITAT - Deduction of the discounted premium is to be allowed during the years of vesting on a straight line basis in respect of ESOP expenses
M/s Educomp Solutions Limited Versus Additional Commissioner of Income Tax, Range-11, New Delhi
(2015) TaxCorp(LJ) 5020 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=38633&Category=ITAT&CategoryType=Zip
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ITAT - The legal issues raised in the cross objections for the first time before the ITAT have been validly raised by the assessee, hence, it cannot be said that the cross objections raising those issues for the first time would be amounting to non maintainability of the cross objections under consideration
Income-tax Officer, Ward 25 (3), New Delhi v. Jasjit Singh
(2015) TaxCorp(LJ) 5015 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39270&Category=ITAT&CategoryType=Zip
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ITAT - RPM is best suited for determining ALP of an international transaction in nature of purchase of goods from an AE which are resold as such to unrelated parties and it pre-supposes no or insignificant value addition to goods purchased from foreign AE
Nokia India (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle -13(1), New Delhi
(2015) TaxCorp(LJ) 5013 (ITAT-DELHI) · http://taxcorp.in/FileOpenINTL.aspx?ID=7594&Category=INTLDecisions&CategoryType=Zip
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ITAT - CIT(A)'s findings on merits in a set-aside proceedings do not bind anyone. With the unfolding of subsequent developments, the assesse had to resort to an expert opinion which suggested that filing of appeal against the order of the CIT(A) is absolutely essential to safeguard his legitimate interests. Therefore, delay is condoned.
Modipon Limited vs. ITO
(2015) TaxCorp(LJ) 4995 (ITAT-DELHI)
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ITAT - In case the dividend income is not received by an assessee, the disallowance u/s 14A cannot be made
ACIT. Vs. M/s. Bharat Hotels Ltd.
(2015) TaxCorp(LJ) 4958 (ITAT-DELHI) · Section. 14A
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ITAT - Incorrect claim would not tantamount to furnishing of inaccurate particulars and penalty u/s 271(c ) should not be levied on it
ACIT. Vs. M/s. Beekman Heiix India Consulting P. Ltd.
(2015) TaxCorp(LJ) 4957 (ITAT-DELHI)
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ITAT - Maxim of “audi alteram partem”cannot be sacrificed at the altar of the administrative convenience or celebrity. the Right to be heard has a corresponding duty that the party invoking the discretion of the Court has to itself ensure that it does not abuse the exercise of discretion in its favour.
Raman Kumar Kapoor v/s ACIT
(2015) TaxCorp(LJ) 4956 (ITAT-DELHI)
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ITAT - Evidences like sale agreement, mode of advance, bank certificate certifying mode of payment by cheque and also declaration of creditors are enough to prove genuineness advances
Dr. Sunil Kumar Sharma v. Income-tax Officer, Ward 2, Hapur
(2015) TaxCorp(LJ) 4944 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=38841&Category=ITAT&CategoryType=Zip
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ITAT - Under provisions of Sec 90(2), assessee can claim applicability of IT Act if provisions are more beneficial to it. FTS received by non-resident assessee to be taxed at lower beneficial rate of 10% u/s 115A(BB) as against higher rate of 15% under Article 12 of India-USA DTAA
ION Geophysical Corporation vs ADIT
(2015) TaxCorp(LJ) 4941 (ITAT-DELHI) · Sections. 115A(BB), 90(2)
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ITAT - The maximum exemption u/s 10(10C) of ₹ 5 lakhs is allowable as all the conditions of Section 10(10C) read with rule 2BA are fulfilled. If the sum is received in excess of ₹ 5 lakhs, the same was held eligible for relief under section 89 (1)
Devendra Kumar Verma Versus ITO-1, Kashipur
(2015) TaxCorp(LJ) 4936 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39118&Category=ITAT&CategoryType=Zip
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The Transfer Pricing study and certification by the CA does not inspire any confidence. The level of professionalism is “pathetic”. No purpose is served by relying on such reports
Wrigley India Pvt Ltd vs. ACIT
(2014) TaxCorp(LJ) 4917 (ITAT-DELHI)
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ITAT - A company cannot be selected as a comparable not only on the reason of failing employee cost filter, but also due to amalgamation during the year, which has changed the business model of the company
M/s. Ameriprise India Pvt. Ltd. Versus DCIT, Circle-1(1), New Delhi
(2014) TaxCorp(LJ) 4857 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39139&Category=ITAT&CategoryType=Zip
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ITAT - Since owner was responsible for running cost, maintenance, driver cost and other incidental charges like accident etc., it is not a case of renting of plant and machinery; TDS to be deducted u/s 194C
The Regional Manager, UPSRTC (Ghaziabad Depot) Versus Dy. Commissioner of Income Tax (TDS)
(2014) TaxCorp(LJ) 4855 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=39142&Category=ITAT&CategoryType=Zip
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