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In the present case, the contracting state is France and though under domestic law the assessee has to pay tax in India while deriving income from Indian territory, yet because of Article 8(2) of the DTAA agreement, Air France is exempted to pay any tax in India as its services/activities and profit thereof derives from pool participation.
Air France Vs Addl. CIT
(2020) TaxCorp(LJ) 22564 (ITAT-DELHI)
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In the case of a capital asset, if it is transfer under any of the provisions of section 2(47), coupled with handing over of possession of the capital asset, capital gain is to be offered on mercantile basis in the year in which the possession is given. As rightly pointed out by the CIT(A) in the case of the assessee, the land has been treated as stock-in-trade and the assessee has only contributed its portion of land to the JDA and is liable to offer business income in the year in which the stock-in-trade is sold. The CIT(A) has observed that the assessee has offered business profits in the AYs 2015-16 and 2016-17 i.e. the years in which the Villas have been sold.
DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE – 2 (4) , HYDERABAD. VERSUS CLEAN CITY ESTATES PVT. LTD., HYDERABAD
(2020) TaxCorp(LJ) 22563 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=83395&Category=ITAT&CategoryType=Zip
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The Kaybee Exim Pte Ltd, which is alleged to be an associated enterprises of the assessee, is not an associated enterprise of the assessee.
KAYBEE PVT LTD VERSUS INCOME TAX OFFICER WARD 10 (1) (3) , MUMBAI
(2020) TaxCorp(LJ) 22562 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83398&Category=ITAT&CategoryType=Zip
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Assessee has paid interest on unsecured loans during the impugned year at an average rate of 10% which is demonstrated from the facts and figures of unsecured loan and interest paid thereon reflected in the financial statements of the assessee which are duly audited. The revenue has been unable to controvert before us.
CHADHA MOTORS, TRANSPORT NAGAR, LUDHIANA VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, LUDHIANA.
(2020) TaxCorp(LJ) 22561 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=83400&Category=ITAT&CategoryType=Zip
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AO has proceeded ahead and basis his own investigation and understanding of the mining process involved, and basis his own calculation and understanding of variables has worked out the quantum of clay which could be extracted from one of the mines owned by the assessee without referring the matter to the domain experts in the field of mining such as geologists and mining engineers.
M/S SHANTA SALES CORPORATION VERSUS THE INCOME TAX OFFICER WARD-6 (1) , JAIPUR
(2020) TaxCorp(LJ) 22560 (ITAT-JAIPUR) · https://taxcorp.in/FileOpenDT.aspx?ID=83402&Category=ITAT&CategoryType=Zip
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As considered by the co-ordinate Bench of the ITAT, Hyderabad Benches in the case of M/s. Bartronics India Ltd. v. ACIT that when the assessee has not paid the service tax as required under the provisions of section 43B, which is also very much covered u/s 43B. The provisions of section 43B of the Act is very clear and it states that “any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called, under any law for the time being in force.
THE ASSISTANT COMMISSIONER OF INCOME-TAX, CORPORATE CIRCLE-1 (2) , KOCHI VERSUS M/S. KUNNEL ENGINEERS & CONTRACTORS (P) LTD.
(2020) TaxCorp(LJ) 22559 (ITAT-COCHIN) · https://taxcorp.in/FileOpenDT.aspx?ID=83403&Category=ITAT&CategoryType=Zip
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In this case, the assessment year involved is 2006-07. Rule 8D was introduced with effect from 24/03/2008 which was prospective in operation and cannot be applied retrospectively as held by the Delhi High Court in the case of Maxopp Investment Ltd. vs. CIT. Accordingly, we direct the AO to disallow only 2% of expenses incurred towards exempted income. Thus, this ground of appeal of the assessee is partly allowed. High Court observed in the case of Harrisons Malayalam Ltd that sale of old and unyielding trees would not give rise to the exempt income.
ASPINWALL AND COMPANY LIMITED VERSUS THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1 (1) , KOCHI. AND THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1 (1)
(2020) TaxCorp(LJ) 22558 (ITAT-COCHIN) · https://taxcorp.in/FileOpenDT.aspx?ID=83404&Category=ITAT&CategoryType=Zip
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The taxability arises in the hands of the employees on the date of exercise, hence no TDS would arise at the time of vesting transaction.
NXP India Pvt.Ltd Vs The Dy.Commissioner of Income-tax
(2020) TaxCorp(LJ) 22557 (ITAT-BANGALORE) · Section 192
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The payment of non-compete fee was capital expenditure in the hands of the assessee, on which the assessee is not entitled to claim depreciation u/s 32 of the Act.
Hindustan Coca-Cola Beverages Pvt.ltd Vs The DCIT
(2020) TaxCorp(LJ) 22556 (ITAT-DELHI)
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Given the pandemic situation in the country, it is, all the more necessary for every employer company to take care of its employees as also advised by Ministry of Labour and Employment.
Pandhes Infracon Pvt Ltd Vs Assistant Commissioner of Income Tax
(2020) TaxCorp(LJ) 22555 (ITAT-MUMBAI)
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It is settled position of law that within stipulated time, application has to be made before the concerned authority and again within specified time, the project has to be completed and after completion, the Municipal Authority/local authority has to give a completion certificate only then the deduction u/s.80IB(10) is justified.
Shewale & Sons Vs The Deputy Commissioner of Income Tax
(2020) TaxCorp(LJ) 22554 (ITAT-PUNE) · Section 80-IB(10)
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On a plain literal interpretation of Sec.54F, it can safely be gathered that the same only contemplates ownership of more than one residential house on the date of transfer of the Original' asset, for rendering the assessee ineligible for claim of deduction under the said statutory provision.
Chandramohan Manohar Potdar Vs ACIT
(2020) TaxCorp(LJ) 22553 (ITAT-MUMBAI) · Section 54F
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Following the order passed by the coordinate Bench of the Tribunal in taxpayer's own case for AY 2007-08 we are of the considered view that CIT (A) has rightly deleted the adjustment made by the ld. TPO while determining the ALP and royalty paymen for its Tajola plant as nil because when it is not in dispute that the expenditure or payment of royalty has been paid / incurred for the purpose of business, it cannot be disallowed on the ground that it has failed to generate any economic value for the taxpayer's business.
DCIT, CIRCLE 2 (1) , NEW DELHI. VERSUS M/S. ASAHI INDIA GLASS LIMITED AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22552 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83372&Category=ITAT&CategoryType=Zip
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Expenditure involved in conduct of the camps and distribution of medicines, food and cloth forms and an integral part of conducting of field camps by the assessee trust in imparting the education. They are directly and also integrally connected with the type of education imparted by the assessee trust. We are unable to accept with the finding of the ld. CIT (A).
M/S UMALOCK CHARITABLE TRUST VERSUS ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MEERUT
(2020) TaxCorp(LJ) 22551 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83373&Category=ITAT&CategoryType=Zip
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The assessee has declared income from letting out building as income from business for the assessment year 2010-11 and 2011-12. It is an admitted fact that the assessee had let out 25% of the building in the assessment years under consideration. It cannot be said that the portion of the building is not entitled for depreciation. In our opinion, the order of the Tribunal in assessee’s own case we direct the Assessing Officer to assess the income from letting out building under the head income from business and to grant depreciation for the assessment years 2010-11 and 2011-12.
M/S. MUTHOOTTU MINI FINANCIERS LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, KOCHI.
(2020) TaxCorp(LJ) 22550 (ITAT-COCHIN) · https://taxcorp.in/FileOpenDT.aspx?ID=83377&Category=ITAT&CategoryType=Zip
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Assessee society has been running a school and that the society is also having recognition from the Department of Education, Government of Haryana. As observed by the Ld. CIT (E) that the school was being run from premises that consisted of one hall and eight rooms only and was actually situated in a Gali. The Ld. CIT (Exemptions) has observed that it was unbelievable that receipts to the tune of nearly ₹ 1 crore are generated from such small premises.Exemptions) has observed that it was unbelievable that receipts to the tune of nearly ₹ 1 crore are generated from such small premises.
LADY FLOREANCE EDUCATION SOCIETY VERSUS CIT (EXEMPTIONS) , CHANDIGARH
(2020) TaxCorp(LJ) 22549 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83379&Category=ITAT&CategoryType=Zip
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Assessee is deceased and the appeal is represented by the legal heir of the assessee. Admittedly, the taxes were not paid by the assessee alongwtih return of income, though repeated pleas, were raised before the authorities below to sell the gold ornaments seized and adjust the sale proceeds against the tax payable by the assessee, but no such exercise was carried out by the Department. Thereafter, the assessee claims that she sold house property and paid the taxes due with interest on returned income before her death during 18.03.2015 to 12.08.2015.
MR. CHANDER MOHAN MERWAH VERSUS THE ACIT, CENTRAL CIRCLE-12, NEW DELHI.
(2020) TaxCorp(LJ) 22548 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83381&Category=ITAT&CategoryType=Zip
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Since the AO has issued the notice u/s. 153C and the assessment has been completed u/s. 153C therefore, we do not find and substance in the additional grounds raised by the assessee. Accordingly the above grounds are dismissed.
MANOJ KUMAR JAIN C/O. O.P. SAPRA & ASSOCIATES VERSUS DCIT CENTRAL CIRCLE INCOME TAX OFFICE, GHAZIABAD
(2020) TaxCorp(LJ) 22547 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83382&Category=ITAT&CategoryType=Zip
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The assessee had not claimed the said professional expenses in its profit & loss account and had capitalized the same under work in progress i.e. Building under Construction in fixed assets schedule. The order of the CIT(A) deleting the addition made by the AO u/s 40(a(ia) on the said capitalised expenses is upheld.
Conwood MedipHarma Pvt. Ltd Vs ACIT
(2020) TaxCorp(LJ) 22546 (ITAT-DELHI) · Section 40(a)(ia)
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By virtue of the said agreement cum GPA, assessee has parted with his right in the property because he had received the entire sale consideration and has also handed over the possession of the said property. The vendee becomes the owner of the property u/s.53A of the TP Act and u/s.2(47) of the IT Act, it is a transfer of the property.
Sama Om Reddy Vs The Income Tax Officer
(2020) TaxCorp(LJ) 22545 (ITAT-HYDERABAD)
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