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The assessee has purchased the entire property within a span of 13 days in the month of February, 2015. An harmonious reading of the agreement for sale of the property and the registered sale deed clearly indicates that the assessee intended to purchase the entire property including the vacant land from the vendor Shri R. Selva Kumar.
SHRI MD SUNDAR RAO VERSUS THE INCOME TAX OFFICER, NON-CORPORATE WARD -6 (2) , CHENNAI.
(2020) TaxCorp(LJ) 22504 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83317&Category=ITAT&CategoryType=Zip
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Hon’ble Bombay High Court in the case of PCIT vs. Vembu Vaidyanathan has taken note of CBDT circular no. 471 dated 15th October 1986 as well as CBDT circular 672 dated 16th Dec. 1993 and concluded that the assessee shall be deemed to have acquired rights in the property on the date of issue of allotment letter for the purposes of expression capital asset.
SHRI D.R. KUMARASWAMY VERSUS THE INCOME TAX OFFICER, WARD-3 (3) (4) , BANGALORE
(2020) TaxCorp(LJ) 22503 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83318&Category=ITAT&CategoryType=Zip
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A perusal of the deposit and withdrawals in the said bank account filed by the assessee shows that there are systematic deposits as well as withdrawals. The assessee is engaged in the business of readymade garments, therefore, taxing only the deposits without giving corresponding credits to the withdrawals, in my opinion, will be not justified in the instant case especially when the assessee is a small trader. Since the peak credit comes to ₹ 7,70,390/-, therefore, modify the order of the CIT(A) and restrict the addition to ₹ 7,70,390/-.
SANJAY JAIN VERSUS ITO, WARD-58 (3) , NEW DELHI
(2020) TaxCorp(LJ) 22502 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83319&Category=ITAT&CategoryType=Zip
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The assessee has paid interest on the money borrowed from the company namely SDIPL. This fact can be established from the details such as TDS certificate issued by the assessee to the company for the deduction of TDS on the payment of interest to the company. There is also Ledger account of the assessee in the books of the company showing the amount of interest received from the assessee by the company. There remains no dispute that the assessee has incurred interest expenses on the money borrowed from the company.
MOHAN B. AGRAWAL VERSUS D.C.I.T., CIRCLE-4 (2) , AHMEDABAD.
(2020) TaxCorp(LJ) 22501 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=83321&Category=ITAT&CategoryType=Zip
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Infosys Ltd., it possesses huge tangibles of more than ₹ 1,00,000/- Crores. It is a full-fledged risk bearer with a turnover of more than ₹ 12,000/- Crores. The functions of Infosys Ltd. are highly diversified, and branching out into product conceptualization, core design, research & development to marketing and sales of products, etc. No such function is carried out by the assessee. Being a captive service provider, its function is completely confined to software development services for its AE.
PRINCIPAL COMMISSIONER OF INCOME TAX-7 VERSUS OPEN SOLUTIONS SOFTWARE SERVICES PVT. LTD.
(2020) TaxCorp(LJ) 22500 (HC-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82916&Category=Judgment&CategoryType=Zip
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Rule 27 embodies a fundamental principal that a Respondent who may not have been aggrieved by the final order of the Lower Authority or the Court, and therefore, has not filed an appeal against the same, is entitled to defend such an order before the Appellate forum on all grounds, including the ground which has been held against him by the Lower Authority, though the final order is in its favour.
SANJAY SAWHNEY VERSUS PRINCIPAL COMMISSIONER OF INCOME TAX
(2020) TaxCorp(LJ) 22499 (HC-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=82917&Category=Judgment&CategoryType=Zip
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In respect of an identical payment made by the assessee under the very same agreement for establishing cricket Academy for assessment year 2010-11, the issue was considered by this Tribunal and the Tribunal held that expenditure in question was revenue expenditure and should be allowed as a deduction.
M/S ROYAL CHALLENGERS SPORTS PVT. LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL RANGE-2 (3) BANGALORE
(2020) TaxCorp(LJ) 22498 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83298&Category=ITAT&CategoryType=Zip
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Assessee has discharged the initial onus which lay on him in the terms of section 68 of the Act by providing identity of creditors and same has not been doubted by the AO also. Assessee has proved the creditworthiness by way of filing ITR returns, bank account, balance sheet, confirmation of the creditors.
THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1 (1) (2) , SURAT. VERSUS M/S. KEJRIWAL INDUSTRIES LTD.
(2020) TaxCorp(LJ) 22497 (ITAT-SURAT) · https://taxcorp.in/FileOpenDT.aspx?ID=83306&Category=ITAT&CategoryType=Zip
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As decided in own case, cost of software development services cannot be treated in this fashion as claimed by the assessee. Hence we do not find any merit or substance in the contention raised by the assessee on this issue. Assessee provides software development and support services to Applied Inc.
APPLIED MATERIALS INDIA PVT. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX CIRCLE – 1 (1) (1) , BENGALORE.
(2020) TaxCorp(LJ) 22496 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83310&Category=ITAT&CategoryType=Zip
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Assessee was collecting rent on behalf of Government of India from the tenants and then remits that rent as it is back to the Government. The building is owned by the Government of India. Assessee is not the beneficial owner of the rent as property was given by the Government to the assessee for its use. Assessee was merely collecting the rent. Rent collected by the assessee is definitively its income and rent paid back to the Government is its expenses. It is a lease in & lease out agreement/understanding.
COUNCIL OF HANDICRAFTS DEVELOPMENT CORPORATION VERSUS ITO EXEMPTIONS, WARD-1 (3) NEW DELHI
(2020) TaxCorp(LJ) 22495 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83313&Category=ITAT&CategoryType=Zip
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Revenue authorities have mislead themselves on holding that the purchase of the Rajendra Nagar flat out of the sale proceeds of the original asset was on the basis of wrong facts. Keeping in view the facts of the case that the capital gains have been utilized for construction of house at D-279, Defence Colony, New Delhi.
SUNIL MALHOTRA VERSUS ACIT, CIRCLE-54 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22494 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83282&Category=ITAT&CategoryType=Zip
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The assessee is not benefitting in any way by not filing the appeal in time before the Tribunal. The assessee has explained the reasons as misplacement of papers by one of the office staff. This is one of the possible reasons for not being able to file the appeal within the time. Further, after hearing the assessee on merits also, we find that the assessee has an arguable case on merits.
M/S. SHAKTI HORMANN PVT. LTD. (FORMERLY KNOWN AS SHAKTI MET DOR LTD) VERSUS DCIT, CIRCLE-3 (1) , HYDERABAD
(2020) TaxCorp(LJ) 22493 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=83283&Category=ITAT&CategoryType=Zip
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The payment pattern reveals that the assessee has raised separate invoices for O& M phase on a regular basis as per Section 5 of TOR Clause 8.3 and the same have been duly accounted in the years in which it has been received. On going through the entire facts of the case, we find that the three different phases of the work which are totally separate in execution.
VEOLIA INDIA PVT. LTD. (EARLIER KNOWN AS VEOLIA WATER (INDIA) PVT. LTD.) VERSUS DCIT, CIRCLE-26 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22492 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83284&Category=ITAT&CategoryType=Zip
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Assessee in the case of a deceased person will be the person who are regarded as the legal heirs of the deceased as they can be regarded as a human being. In view of this, a person who has already expired cannot be regarded to be a human being as on the date when the order was passed. Only the legal heirs can be regarded as assessee in view of the provisions of section 2(7) of the I.T.Act.
SMT. SUJATHA SRI K.N. PRAFULLA KUMAR AND MS. K.N. RANJITHA VERSUS THE INCOME TAX OFFICER WARD 1 CHAMARAJANAGARA.
(2020) TaxCorp(LJ) 22491 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83286&Category=ITAT&CategoryType=Zip
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AR submitted that all payments forming part of CSR does not form part of profit and loss account for computing Income under the head, Income from Business and Profession. It has been submitted that some payments forming part of CSR were claimed as deduction under section 80G for computing Total taxable income, which has been disallowed by authorities below.
ALLEGIS SERVICES (INDIA) PVT. LTD. VERSUS ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1 (1) (1) , BANGALORE.
(2020) TaxCorp(LJ) 22490 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=83287&Category=ITAT&CategoryType=Zip
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Hon'ble Bombay High Court in the case of CIT vs. KF Bioplants (P) Ltd has condoned the delay of 1845 days in filing of the appeal by the Revenue on the ground that the failure of the revenue to remove the objection within time was an unintentional lapse and admission of the appeal by itself would not cause any prejudice to the assessee therein.
SHRI D. PEDDA REDDAIAH VERSUS INCOME TAX OFFICER WARD-1 PRODDATUR
(2020) TaxCorp(LJ) 22489 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=83290&Category=ITAT&CategoryType=Zip
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It is an undisputed fact that the assessee is a qualified doctor, a Gynecologist and Anesthetist. She runs a nursing home. It is also admitted fact that the assessee attends to the patients and treats them in OPD and others. Therefore, mere running a nursing home/hospital does not convert a medical doctor into a business woman. Running a nursing home by her alone is a part of the medical profession. It is a different way of conducting her medical profession.
DR. SMT. RANJANA S. NARGOLKAR VERSUS ITO, WARD-11 (2) , PUNE.
(2020) TaxCorp(LJ) 22488 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=83267&Category=ITAT&CategoryType=Zip
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If an ex parte order is passed without hearing the respondent/assessee then if the assessee has explained the reason for non-appearance to the satisfaction of the Tribunal then the Tribunal should recall the order to give an opportunity of hearing to the assessee and decide the appeal afresh after considering the arguments and contention of the assessee.
SHRI VIRENDER YADAV, S/O- LATE SHRI JEET SINGH YADAV VERSUS INCOME TAX OFFICER, BEHROR.
(2020) TaxCorp(LJ) 22487 (ITAT-JAIPUR) · https://taxcorp.in/FileOpenDT.aspx?ID=83269&Category=ITAT&CategoryType=Zip
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A compulsion at source imposed by a third party is necessary to create a superior title. Just because diverted income is collected by the assessee himself for and on behalf of the beneficiary, it cannot be inferred that it was only an application and not diversion.
ACIT, CENTRAL CIRCLE-2, NEW DELHI VERSUS EMAAR MGF CONSTRUCTION PVT. LTD. AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22486 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83274&Category=ITAT&CategoryType=Zip
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Undisputed facts of this case that there was no tax exempt income in the relevant previous year, we hold that no disallowance under section 14A could have been made, on the facts of this case and in the year before us. We, therefore, uphold the plea of the assessee and delete the disallowance.
DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 3 (2) , MUMBAI VERSUS JSW LIMITED AND (VICE-VERSA)
(2020) TaxCorp(LJ) 22485 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83277&Category=ITAT&CategoryType=Zip
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