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The fees were inevitable and were paid to determine the FSI available in order to determine the area to be transferred to MCGM and MHADA in accordance with the development control regulation without which it would not have been possible to transfer the development rights.
Standard Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28553 (ITAT-MUMBAI)
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In view of the language used in Section 57(ii), depreciation is allowable from rental income from letting of machinery, plant and furniture whereas in the instant case income received is interest from investment of surplus, and holds depreciation to be inadmissible.
Sports Authority of Gujarat Vs DCIT
(2022) TaxCorp(LJ) 28552 (ITAT-AHMEDABAD)
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Royalty from BREW operator agreement is not chargeable to tax in the hands of the assessee and also the revenue received under the test tools agreement. We direct the Assessing Officer to delete the impugned additions.
QUALCOM TECHNOLOGIES INC. VERSUS DEPUTY COMMISSIONER OF INCOME-TAX
(2022) TaxCorp(LJ) 28551 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=94323&Category=ITAT&CategoryType=Zip
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Unless, there is change in law or facts and circumstances of the case, contrary view cannot be taken on the issue that has attained finality in earlier assessment years and the fundamental aspect permeates in different years.
ACIT-2 (2) (1) MUMBAI VERSUS JAYANT DATTATRAY MHAISKAR
(2022) TaxCorp(LJ) 28550 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95970&Category=ITAT&CategoryType=Zip
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Ld. CIT(A) was not justified in upholding the addition.
THE JANALAXMI CO-OP. BANK LTD. VERSUS ACIT, CIRCLE – 1, NASHIK
(2022) TaxCorp(LJ) 28549 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95974&Category=ITAT&CategoryType=Zip
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Assessee is entitled to exemption. The impugned order is, therefore, set-aside.
OSWAL BANDHU SAMAJ VERSUS ITO (EXEMPTIONS) -1, PUNE
(2022) TaxCorp(LJ) 28548 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95976&Category=ITAT&CategoryType=Zip
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Once the appeal is filed, during the pendency of the appeal, it is open to the assessing authority to make a demand.
K 553 V. THUTHARIPALAYAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LTD., VERSUS THE COMMISSIONER OF INCOME TAX (APPEALS) COIMBATORE.
(2022) TaxCorp(LJ) 28547 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=86722&Category=Judgment&CategoryType=Zip
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Since the claim of the Assessee was that the expenses of wholly and exclusively for the business of the Assessee, and for no other purpose, it was incumbent on the Assessee to discharge the burden of substantiating that fact.
M/S. INDIAN METAL AND FERRO ALLOYS LTD. VERSUS COMMISSIONER OF INCOME TAX, BHUBANESWAR
(2022) TaxCorp(LJ) 28546 (HC-ORISSA) · https://taxcorp.in/FileOpenDT.aspx?ID=86726&Category=Judgment&CategoryType=Zip
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Section 90 did not bar in any manner the operation of the relevant provision of DTAA in respect of income earned by the assessee in other country, with whom the Central Government has entered into a DTAA.
Rajat Dhara Vs DCIT (I.T)
(2022) TaxCorp(LJ) 28545 (ITAT-KOLKATA)
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Merely because a liability had become static, it did not imply that the liability ceased to exist or that there was a remission of such liability.
Amsure Insurance Agency Ltd Vs ACIT
(2022) TaxCorp(LJ) 28544 (ITAT-DELHI) · Section 37(1)
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There is no merit in challenge against the assessment order passed u/s 153A.
Durai Murugan Kathir Anand Vs Additional Commissioner of Income Tax
(2022) TaxCorp(LJ) 28543 (HC-MADRAS)
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On transfer of a property, consideration received or accrued as a result of transfer should be taken into account as per the joint owners’ share in the property and not as per any internal arrangement between the parties.
Dr. E. S. Krishnamoorthy Vs The Income Tax Officer
(2022) TaxCorp(LJ) 28542 (ITAT-CHENNAI)
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The CIT is justified in rejecting revision application where the assessee raised the claim of deduction under Section 80-IB(10) for the first time in revision proceedings.
Rachna Infrastructure Pvt. Ltd Vs PR. COMMISSIONER OF INCOME TAX 3
(2022) TaxCorp(LJ) 28541 (HC-GUJARAT) · Section 80A(5)
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Liberty of Assessee to pursue its statutory remedies against the order imposing penalty shall not be affected and if any such appeal is preferred, the same shall be considered and disposed of in accordance with law.
Mallelil Industries Private Limited Vs ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT CENTRE
(2022) TaxCorp(LJ) 28540 (HC-KERALA)
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In light of the delay, there would be exclusion of interest from the amount if refund.
Devendra Pai Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28539 (HC-KARNATKATA)
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The proceedings before the DRP do get circumscribed by the limits of time imposed by Section 153 of the Act.
M/S. SABIC INNOVATIVE PLASTICS INDIA PRIVATE LIMITED VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1) (1)
(2022) TaxCorp(LJ) 28538 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=86719&Category=Judgment&CategoryType=Zip
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The addition made by the A.O. only on this basis that valuation of stock in the statement given to bank was different from the stock mentioned in the books of account was rightly deleted by the Ld. CIT(A).
THE ASST. CIT CIRCLE, PATIALA VERSUS M/S VISHAL PAPER INDUSTRIES PVT. LTD.
(2022) TaxCorp(LJ) 28537 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=95137&Category=ITAT&CategoryType=Zip
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Following the rule of consistency, no addition can be made for the impugned assessment year, especially when no other corroborative evidence such as bogus purchases bills/bogus expenses or unexplained investment, etc., were found during the course of search.
ASSISTANT COMMISSIONER OF INCOME-TAX VERSUS LEPRO HERBALS PVT. LTD.
(2022) TaxCorp(LJ) 28536 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95962&Category=ITAT&CategoryType=Zip
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In the present case although Late Jitendra Mehta has made disclosure in his statement dated 26/27th July 2011 recorded u/s 132(4) on being questioned about the various allegations but from the record we do not find any evidence that the Late Jitendra Mehta had entered into a transaction for sale of Bhoslewadi property.
ROHAN MEHTA {LEGAL HEIR OF LATE JITENDRA MEHTA} VERSUS DCIT, CENTRAL CIRCLE – 47, MUMBAI
(2022) TaxCorp(LJ) 28535 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95965&Category=ITAT&CategoryType=Zip
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When there are conflicting decisions the view taken in favour of the assessee should be followed is relevant to adjudication of the matter before us.
ICMC PROJECTS PVT. LTD., INDUSTRIAL CONVEYORS PVT. LTD., C/O PAVAN MAHESHWARI & CO., CA VERSUS ITD, CPC, BENGALURU KARNATAKA, ACIT (CPCTDS) , GHAZIABAD
(2022) TaxCorp(LJ) 28534 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95966&Category=ITAT&CategoryType=Zip
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