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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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As in assessee’s own case for Assessment Year 2005-06 to 2011-12 wherein, the coordinate bench has held that the golf course is a plant and machinery and assessee is eligible for depreciation thereon @15%. Allow ground No. 1 of the appeal directing the ld AO to grant depreciation on cost of developing golf course on land considering it as plant and machinery.
LANDBASE INDIA LTD VERSUS ACIT, CIRCLE-15 (1) , NEW DELHI
(2020) TaxCorp(LJ) 22484 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83279&Category=ITAT&CategoryType=Zip
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Considering the nature of business of assessee and that no evidence has been brought on record by the A.O. of incurring all these expenses, the estimate made by the A.O. of ₹ 10 lakhs expenditure is wholly unjustified. It is a fact that assessee has not claimed any expenditure of routine business expenses, electricity expenses, fuel expenses which are necessary for running of the business. We restrict the addition to ₹ 3 lakhs as against ₹ 10 lakhs made by the A.O.
SHRI ROOP KISHORE MADAN VERSUS THE DCIT, CENTRAL CIRCLE – 16, NEW DELHI.
(2020) TaxCorp(LJ) 22483 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83254&Category=ITAT&CategoryType=Zip
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There was no necessity for raising this issue of limitation, this Tribunal is expected to record a finding whether the assessment was reopened within the period of limitation. In this case, the assessee has taken a specific ground before this Tribunal as 2.1 saying that the assessment was reopened u/s. 147 beyond four years. As rightly submitted by the assessee there was not even a whisper in the assessment order that the assessee failed to disclose the entire details required for completion of the assessment.
M/S. SENGUNTHA MUDALIAR KALYANA MANDAPAM VERSUS INCOME TAX OFFICER, EXEMPTION WARD, SALEM.
(2020) TaxCorp(LJ) 22482 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=83256&Category=ITAT&CategoryType=Zip
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Issue involved vide aforesaid grounds is squarely covered by the decision of the Tribunal in the case of DCIT Ludhiana vs M/s Aarti Steels Ltd. wherein, the identical issue was raised and the Tribunal after deliberating the issue and analyzing the provisions of section 115JA and 2(43) of the Act read with relevant clauses of the Finance Act has held that the MAT credit allowable to the assessee is inclusive of surcharge and cess.
M/S STEEL STRIPS WHEELS LTD. VERSUS THE DCIT (CPC) , BANGLORE JURISDICTIONAL ASSESSING OFFICER, ACIT, CENTRAL CIRCLE-II, CHANDIGARH
(2020) TaxCorp(LJ) 22481 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=83258&Category=ITAT&CategoryType=Zip
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The words benefit and perquisite are used in this clause of sub-section (24) to Section 2. Whether gifting shares amounts any benefit or perquisite has to be looked into. In the present case at one point the AO has stated that there is benefit to assessee company but at the same time states that the transaction of gift of shares held by Mrs. Arti Jindal in the assessee company to M/s PRJ Holding Private Trust was not valid and was a sham and void transaction which was undertaken to avoid tax.
GLEBE TRADING PVT. LTD. VERSUS ITO WARD-10 (2) C.R. BUILDING NEW DELHI
(2020) TaxCorp(LJ) 22480 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83259&Category=ITAT&CategoryType=Zip
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The notice was issued in the year 1997 hence cannot be given any relevance with regard to determination for the issue before us. The fact that the land in question has been sold after obtaining NOC from the ADM, South District, New Delhi on 24.01.2011. We find that the main objects of the company are to acquire purchase take on lease are otherwise any land building, structures plot to act as real estate agents in connection with buildings schemes and also to be colonizers to sale plots and flats.
M/S KOHLI ESTATES PVT. LTD. VERSUS INCOME TAX OFFICER, WARD-14 (4) , NEW DELHI
(2020) TaxCorp(LJ) 22479 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83232&Category=ITAT&CategoryType=Zip
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2nd proviso to section 269SS lays down that the provisions of this section shall not apply to any loan or deposit or specified sum, where the person from whom the loan or deposit or specified sum is taken or accepted and the person by whom the loan or deposit or specified sum is taken or accepted, are both having agricultural income and neither of them has any income chargeable to tax under this Act.
RAGHURAJ SINGH VERSUS JCIT RANGE-3, NOIDA
(2020) TaxCorp(LJ) 22478 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=83233&Category=ITAT&CategoryType=Zip
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