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By effect of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, the individual identity of Section 148, which was prevailing prior to amendment and insertion of section 148A was insulated and saved uptill 30.06.2021.
ASHOK KUMAR AGRAWAL, POONAM CHAND AGRAWAL, SUBHASH AGRAWAL, NARESH KUMAR AGRAWAL, VERSUS UNION OF INDIA, THROUGH PRINCIPAL COMMISSIONER, INCOME TAX, CHHATTISGARH, INCOME TAX OFFICER
(2021) TaxCorp(LJ) 27212 (HC-CHHATTISGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=85552&Category=Judgment&CategoryType=Zip
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ITAT - Since no claim was made in the return of income as per provisions contained in Section 80A(5) as such deduction u/s 80P inadmissible.
Datta Prasad Sahakari Patsanstha Ltd Vs ITO
(2021) TaxCorp(LJ) 27200 (ITAT-MUMBAI) · Section 80P
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ITAT - Interest-free loan advanced to subsidiary in different line of business does not satisfy the conditions of commercial expediency more so when loan was further advanced to related parties.
Davanam Constructions Private Limited Vs The Deputy Commissioner of Income Tax
(2021) TaxCorp(LJ) 27193 (ITAT-BANGALORE)
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ITAT - Though it could be said that land was purchased by Assessee, in reality transaction never materialised as such no addition u/s 56(2)(vii)(b).
Nitin Ishwarbhai Patel Vs Income Tax Officer
(2021) TaxCorp(LJ) 27142 (ITAT-AHMEDABAD) · Section 56(2)(vii)(b)
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ITAT - Payment for advertisements is covered u/s 194C and not 194J as contact need not always be in writing, and can be implied also.
Perfect Probuild P. Ltd Vs DCIT
(2021) TaxCorp(LJ) 27141 (ITAT-DELHI) · Section 194C
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AO has conducted sufficient enquiry, called for all necessary details and made proper application of mind and thus it can be safely concluded that the order u/s. 143(3) is neither erroneous nor prejudicial to the interest of revenue.
RAJDHANI LAND & HOUSING CORPORATION VERSUS PR. CIT-1 BHOPAL
(2021) TaxCorp(LJ) 27118 (ITAT-INDORE) · https://taxcorp.in/FileOpenDT.aspx?ID=91630&Category=ITAT&CategoryType=Zip
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ITAT- As the subsidy received by the assessee in the form of refund of sales tax paid from the Sate Govt of AP is to be treated as revenue receipts.
JCIC (OSD), CENTRAL CIRCLE-1 (4) , HYDERABAD. VERSUS MEDHA SERVO DRIVES PRIVATE LIMITED, HYDERABAD.
(2021) TaxCorp(LJ) 27117 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=91636&Category=ITAT&CategoryType=Zip
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HC - Disputed tax as clearly defined in Section 2(1)(j)(A) of the DTVSV Act only refers to income-tax including surcharge and cess, but not interest or penalty - Revenue cannot demand interest paid u/s 244A while processing VsV application
Cooperative Rabobank U A Vs Commissioner of Income Tax
(2021) TaxCorp(LJ) 27104 (HC-BOMBAY) · Section 244A
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ITAT - The term activities u/s 12A in the provision includes proposed activities.
Arare Foundation Vs The Commissioner of Income Tax (Exemption)
(2021) TaxCorp(LJ) 27103 (ITAT-PUNE) · Section 12AA
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ITAT - Indirect expenses would constitute Revenue expenditure only and would not become capital merely for the reason that such expansion was termed as new Project.
Blue Coast Infrastructure Development Ltd Vs The ITO
(2021) TaxCorp(LJ) 27102 (ITAT-CHANDIGARH)
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ITAT - Revisionary order u/s 263 on the basis that assessment was finalised without DVO's report is valid.
Mallikarjuna B. Gundur Vs The Principal Commissioner of Income Tax
(2021) TaxCorp(LJ) 27101 (ITAT-BANGALORE) · Section 263
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ITAT - Quasi-Judicial Authorities are required to substantiate every addition made with proper reasoning and that reason should come out from the orders of the authorities itself as such ad hoc disallowance of commission to technically skilled liaison representatives is not justified.
Cooper Corporation Pvt. Ltd. Vs The Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 27100 (ITAT-PUNE)
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ITAT - Formation of view by Commissioner u/s 263 should be in a reasonable manner and if the AO has taken a prudent, judicious and reasonable view, then his order cannot be termed as erroneous in so far as prejudicial to the interest of revenue.
Smt. Krishna Vs The Pr. CIT
(2021) TaxCorp(LJ) 27099 (ITAT-JAIPUR)
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If there is a difference in the value of the property as determined by the assessee and the SRO value, the AO is bound to refer the matter to the DVO and the assessment should be done on the basis of DVO report.
CHANDRA LOK HOTELS LTD., HYDERABAD. VERSUS DY. COMMISSIONER OF INCOME-TAX, CIRCLE – 1 (2), HYDERABAD.
(2021) TaxCorp(LJ) 27098 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=91618&Category=ITAT&CategoryType=Zip
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Assessee is not entitled for complete relief on the interest payable u/s 234B.
SURESH CHANDRA PURWAR (HUF) VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1 ALLAHABAD
(2021) TaxCorp(LJ) 27097 (ITAT-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=91621&Category=ITAT&CategoryType=Zip
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Assessee is entitled for deduction of ESOP expenses when the rights are vested in the hands of the assessee.
M/S. NORTHERN OPERATING SERVICES PVT. LTD. VERSUS JCIT SPECIAL RANGE-5 BENGALURU
(2021) TaxCorp(LJ) 27096 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=91625&Category=ITAT&CategoryType=Zip
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The decision to purchase the lands from the Directors at excessive rate was a prudent commercial decision taken by the assessee company.
COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, CHENNAI. VERSUS M/S. ADITYARAM PROPERTIES (P) LTD.
(2021) TaxCorp(LJ) 27095 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=85484&Category=Judgment&CategoryType=Zip
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We find merit in the contention of the Ld. Counsel for the assessee that the additional grounds raised by the assessee before Ld. CIT(A) were wrongly refused to be admitted by him.
SHRI LALIT JAIN, SMT. JYOTI JAIN VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4 (1), CHANDIGARH
(2021) TaxCorp(LJ) 27082 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=91538&Category=ITAT&CategoryType=Zip
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There is no infirmity or error in the order of the Learned CIT(A) on the issue in dispute of deduction under section 10B
DCIT, CIRCLE-2, GURGAON VERSUS SH. LALIT WADHWA
(2021) TaxCorp(LJ) 27081 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=91540&Category=ITAT&CategoryType=Zip
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The Dispute Resolution Panel has no power to enhance based on the variations which were not identifiable in the Draft Assessment Order.
M/S DELPHI-TVS DIESEL SYSTEMS LIMITED VERSUS ITO (OSD) / SECRETARY DISPUTE RESOLUTION PANEL - 2, ASSISTANT COMMISSIONER OF INCOME-TAX (OSD), DEPUTY COMMISSIONER OF INCOME-TAX - 1 (2), CHENNAI
(2021) TaxCorp(LJ) 27080 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=85458&Category=Judgment&CategoryType=Zip
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