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Vide the provisions to Section 244A(1)(a), the legislature clearly laid down that no interest is allowable in case the refund arise out of the prepaid taxes such as TCS/TDS/Advance Tax is less than 10% of the tax.
Maruti Suzuki India Ltd. Vs Commissioner of Income Tax (Appeals)-IX
(2020) TaxCorp(LJ) 23158 (ITAT-DELHI) · Section 244A(1)(a)
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Since, the off shore supply contracts were not taxable in India but TDS was deducted in India therefore assessee was eligible for refund of TDS Credit.
M/s. ABB AB C/o ABB India Limited Vs Dy. Commissioner of Income Tax
(2020) TaxCorp(LJ) 23146 (ITAT-BANGALORE)
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Even if the formula for calculation of tax liability under two different statutes enacted under different entries in List III of Schedule VII of the Constitution was similar, that would not make the fields of legislation under the two entries overlapping.
COMMISSIONER OF INCOME TAX Vs AUTHORITY FOR ADVANCE RULING, INCOME TAX
(2020) TaxCorp(LJ) 23145 (HC-DELHI)
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ITAT - The term local authority cannot be rigidly interpreted to mean only a local government as such the Mumbai Port Trust has to be treated as a local authority u/s 23 of the Act.
ACIT 4 (3) (1), MUMBAI VERSUS M/S. TAJ IRON & STEEL WORKS PVT. LTD.
(2020) TaxCorp(LJ) 23140 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=84559&Category=ITAT&CategoryType=Zip
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Even if a process is fully automated and there is no human intervention, still the particular activity or technical analysis may fall into the definition of technical services.
Havells India Ltd Vs DCIT
(2020) TaxCorp(LJ) 23139 (ITAT-DELHI)
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Income from letting out of premises /developed-space along with other facilities in an industrial park or SEZ would be charged as business income.
Commissioner of Income Tax Vs M/s.Tidel Park Limited
(2020) TaxCorp(LJ) 23126 (HC-MADRAS)
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Even if the audit report is not filed in Form No.56F along with the original return, it is not fatal, provided the assessee subsequently files the same and satisfy all other conditions mentioned for claiming deduction u/s 10A.
M/s. Krythium Solutions Private Limited Vs The Asst.Commissioner of Income-tax
(2020) TaxCorp(LJ) 23125 (ITAT-COCHIN) · Section 10A
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There is nothing on record to which it can be assumed that the own money has been introduced on account of demerger of the investment division of Hemant Tools Pvt. Ltd.
DCIT Vs M/s. Jayvik Foresight Innovations and Solutions Pvt. Ltd.
(2020) TaxCorp(LJ) 23124 (ITAT-MUMBAI) · Section 68
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For triggering the provisions of the proviso (ii) to section 54F (1), the pre requirement is this that the assessee has purchased one more residential house other than the new asset within one year after the date of transfer of the original asset and this is not enough that some ownership right is acquired by him in such property within such time which has not accrued to him on account of purchase.
Shree Anil Dev Vs DCIT
(2020) TaxCorp(LJ) 23123 (ITAT-BANGALORE) · Section 54F
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Merely on the ground that trademark was earlier i.e. prior to present assessment year not registered cannot be the ground for making disallowance.
Imtiara Consultants P. Ltd. Vs DCIT
(2020) TaxCorp(LJ) 23122 (ITAT-DELHI)
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The payment under section 36(1)(va) would be allowed in respect to the payment of employee contribution towards ESI if such payment is made on/before due date as specified under the relevant Act.
Morakhia Copper and Alloys Pvt. Ltd. Vs Assistant Commissioner of Income-tax
(2020) TaxCorp(LJ) 23121 (ITAT-AHMEDABAD) · Section 36(1)(va)
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Payment of TDS by the assessee would relate back to the date of presentation of cheques by the assessee to the banker.
STANDARD CHARTERED BANK VERSUS DCIT (TDS) -2 (2) , MUMBAI
(2020) TaxCorp(LJ) 23120 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=84483&Category=ITAT&CategoryType=Zip
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The whereabouts of the investor companies were within the knowledge of the assessee. When such entities were not to be found in the addresses furnished by the assessee, it was incumbent upon the assessee to produce them before the AO to prove their creditworthiness and genuineness of the transaction. Burden stands shifted to the assessee.
KNS Realtors Pvt. Ltd. Vs ITO
(2020) TaxCorp(LJ) 23112 (ITAT-DELHI)
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The preparation of the site plan for developing the colony shall be the actual date of conversion of the agricultural land into stock-in-trade.
Assistant Commissioner of Income-tax Vs Dr. Radhey Shyam Garg
(2020) TaxCorp(LJ) 23111 (ITAT-JAIPUR)
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The Primary Cooperative Societies had acted as business correspondents to pass on the cash benefit as mandated by the State Government therefore at least this part of the transaction between the petitioners and their member-Societies would qualify for being exempted under the proviso to Section 194N of the Act.
Tirunelveli District Central Cooperative Bank Limited Vs The Joint Commissioner of Income Tax(TDS)
(2020) TaxCorp(LJ) 23110 (HC-MADRAS) · Sections 194N, 201
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Capital gains shall be deemed to have accrued (1) upon making the award (in case of ordinary acquisition u/s 16 of the Land Acquisition Act 1894) or (2) after expiry of 15 days from the date of publication of notification u/s 9(1) of the 1894 Act (in case of urgent acquisition).
RAJ PAL SINGH Vs COMMISSIONER OF INCOME-TAX
(2020) TaxCorp(LJ) 23109 (SC)
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Neither the issuance of the notice u/s 143(2) to the amalgamating company i.e a non-existent entity be construed as a notice issued to the amalgamated company, nor the same be validated by bringing it within the realm of a procedural irregularity within the meaning of Sec. 292B.
Siemens Limited Vs Deputy Commissioner of Income Tax
(2020) TaxCorp(LJ) 23102 (ITAT-MUMBAI) · Section 143(2)
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When the assessee company had been assessed to tax under the deeming provisions of Sec. 115JB of the Act, no penalty u/s 271(1)(c) in respect of additions/disallowances made under the normal provisions of the Act could have been imposed upon the assessee.
M/s Flemingo Travel Retail Limited Vs DCIT
(2020) TaxCorp(LJ) 23101 (ITAT-MUMBAI) · Section 271(1)(c)
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The assessee was entitled to depreciation on goodwill.
Geodis Overseas Pvt Ltd Vs DCIT
(2020) TaxCorp(LJ) 23097 (ITAT-DELHI)
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Since there is no exempt income in these two years. Section 14A is not triggered.
DCIT Vs M/s Cornerstone Property Investment (P) Ltd.
(2020) TaxCorp(LJ) 23096 (ITAT-BANGALORE) · Section 36(1)(iii)
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