-
Once an order u/s 127(2) was passed unconditionally transferring the jurisdiction over the appellant's case to the charge of ACIT, Ranchi then by virtue of such an order, the jurisdiction enjoyed by ACIT at New Delhi in terms of Section 124 read with Section 120(1) & (2) stood abrogated. As of June, 2016 (when the notice u/s 143(2) was issued), the jurisdiction of the assessee was vested with AO, Ranchi and not AO, Delhi and since no valid notice was issued by AO, Ranchi, Sec. 127(4) cannot be applied.
Rungta Irrigation Limited Vs Assistant Commissioner of Income-tax
(2019) TaxCorp(LJ) 20106 (ITAT-KOLKATA) · Section 127
-
The plot of land for which permission for construction could be granted in future (though not granted on the valuation date) are urban lands to be included in the net wealth of the assesse.
Rajendra M. Dev. & Build. Pvt. Ltd. Vs The Asst. Commissioner of Wealth Tax
(2019) TaxCorp(LJ) 20105 (ITAT-PUNE)
-
Findings noted by the ld. CIT(A) that the disputed amount has been earned during the assessment year 2013-2014, therefore, it would be taxed in the assessment year 2013-2014. Accordingly, we do not find any substance in the submissions of assessee that this amount is included in ₹ 20 lakhs. The amount has been earned by the assessee during the impugned assessment year, therefore, taxability on the same amount cannot be carried forwarded in the subsequent year.
MANOJ KUMAR SAHOO, PROP: MANOJ SEASON CENTRE VERSUS ACIT, CENTRAL CIRCLE-2
(2019) TaxCorp(LJ) 20104 (ITAT-CUTTACK) · https://taxcorp.in/FileOpenDT.aspx?ID=77759&Category=ITAT&CategoryType=Zip
-
The word manufacture has been defined u/s 2(29BA) in the present appeal in case of trading goods, the purchased material is Deshee Ghee and Skimmed Milk and the material sold is also Deshee Ghee and Skimmed Milk. The only difference is that before selling, guthaie from Deshee Ghee and moisture from Skimmed Milk has been removed and they are packed in pouches and tins having brand name of company. No other processing done on trading goods before theirs sale has been explained.
M/S BHOLE BABA MILK FOOD INDUSTRIES, DHOLPUR P. LTD. VERSUS JCIT, RANGE-4, AGRA
(2019) TaxCorp(LJ) 20103 (ITAT-AGRA) · https://taxcorp.in/FileOpenDT.aspx?ID=77761&Category=ITAT&CategoryType=Zip
-
The reasoning given by the lower authorities to assess the income under the head business is, in our view, very well justified. Further, since in this case, the business activity of the assessee is trading in shares, there can be a presumption that the amount claimed was derived through trade. In such case, the assessee has to establish that the impugned amount was indeed invested and the proceeds of sales were of a capital asset. However, the assessee has not laid any such material either before the lower authorities or before us. Therefore, no merit in the submissions of the assessee and hence dismiss the appeals.
SHRI AMIT JAIN VERSUS THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, ERODE.
(2019) TaxCorp(LJ) 20102 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=77764&Category=ITAT&CategoryType=Zip
-
Disallowance under this section is made in respect of the expenses incurred or payments made which are not deductible. This section has no application to income aspect of the assessee. As the AO has made disallowance u/s 40A(2)(b) in respect of income which the assessee in his opinion ought to have earned rather than certain expenses incurred, the provisions of this section are not attracted. Uphold the impugned order on this score deleting the disallowance.
KEC-PLR-KPIPL-JV VERSUS ITO, WARD-2 (3) , GURUGRAM.
(2019) TaxCorp(LJ) 20101 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77768&Category=ITAT&CategoryType=Zip
-
If we go strictly by the provisions of the Act, since the BCCI in its books of accounts has booked the payments to the State Associations as expenditure, it is thus payment out of its gross receipts and not out of income and thus it should not qualify as application of income. However, as most of the charitable institutes do, the expenditure is generally booked as application of income e.g. educational institutions claiming charitable status, generally claim the salary to teachers as application of income whereas in the books of accounts, the same is treated as expenditure and hence under the circumstances, in our view, the claim of the BCCI in this respect is not an exception. In view of this, the alternate plea of the BCCI is not opposite or destructive to its primary plea. However, the question that whether the expenditure can be considered as application of income for the purpose of claiming exemption as per the provisions of section 11 of the Act is left open to be decided in appropriate case.
PUNJAB CRICKET ASSOCIATION VERSUS THE ACIT, CIRCLE 6 (1) , MOHALI
(2019) TaxCorp(LJ) 20100 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=77771&Category=ITAT&CategoryType=Zip
-
There is no dispute about assessee’s carrying on licensed bookmaker’s business with RCTC and therefore, he made the impugned cash payment to the said club only as ‘ operational charges’ has nowhere been doubted. The said operational charge relate to setting on horse racing conducted in the club on Saturdays/Sundays/Holidays only.
HARIDAS SOM VERSUS I.T.O. WARD 22 (3) , KOLKATA
(2019) TaxCorp(LJ) 20099 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=77775&Category=ITAT&CategoryType=Zip
-
Where a law is enacted for the benefit of community as a whole, even in the absence of a provision the statute may be held to be retrospective in nature. The doctrine of fairness is a relevant factor to construe a statute conferring a benefit, in the context of it to be given a retrospective operation. Considering the principle of fairness as elucidated by SC, we are unable to subscribe to the view of Hon'ble Kerala High Court in the decision referred to.
S. M Anand Vs The ACIT
(2019) TaxCorp(LJ) 20098 (HC-KARNATAKA)
-
Indian AE (VGSIPL) of assessee (Audi AG, a German Co.) does not constitute its PE in India in terms of Article 5 of the India- Germany DTAA for AYs 2009-10 and 2010-11. Since, VGSIPL is an independent and separate entity which is not acting on behalf of assessee.
Audi AG Vs ADIT
(2019) TaxCorp(LJ) 20097 (ITAT-MUMBAI)
-
Mr. Motwani, learned counsel for the applicant could not point out before this Court that at any point of time from 18.10.1997, when the decree, which is sought to be challenged before this Court, was passed, the applicant even remotely tried to contact her advocate to know the fate of litigation.
KANTA VERSUS MANJULABAI
(2019) TaxCorp(LJ) 20096 (HC-BOMBAY) · https://taxcorp.in/FileOpenDT.aspx?ID=79878&Category=Judgment&CategoryType=Zip
-
Prior to 1/7/2016, Form No.3CL had no legal sanctity. It was further held that, only w.e.f 1/7/2016, in view of the amendment made to Rule 6(7A((b) of the Income-tax Act Rules, the quantification of weighted deduction allowable u/s 35(2AB) of the Act has to be based on From No.3CL and hence the said form has obtained significance.
M/S PARK CONTROL AND COMMUNICATIONS PVT. LTD. VERSUS THE DY. COMMISSIONER OF INCOME-TAX CIRCLE-5 (1) (2), BENGALURU.
(2019) TaxCorp(LJ) 20095 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=77709&Category=ITAT&CategoryType=Zip
-
The assessee had received the bogus gift of certain amount which, in fact, was the income of the assessee introduced in her funds in the shape of the gifts. As the assessee was not able to produce said persons for confirmation of gift and the creditworthiness of the donors could not be proved by the assessee, the Assessing Officer made addition under section 68 which was confirmed in appeal.
VERMA SERVICE STATION BYE PASS ROAD, FIROZABAD. VERSUS DCIT, CIRCLE 2 (2) (1) , FIROZABAD.
(2019) TaxCorp(LJ) 20094 (ITAT-AGRA) · https://taxcorp.in/FileOpenDT.aspx?ID=77708&Category=ITAT&CategoryType=Zip
-
Assessee was under a bonafide belief that no tax is required to be deducted at source on such payments, firstly, for the reason that agreement was between DTCP, who is Governmental authority and licence was granted by the Government and EDC charges was directed to be paid to HUDA, therefore, this could led to reasonable cause that TDS was not required to be deducted.
SHIV SAI INFRASTRUCTURE (P) LTD. VERSUS ACIT, CIRCLE-77, NEW DELHI
(2019) TaxCorp(LJ) 20093 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77707&Category=ITAT&CategoryType=Zip
-
Income disclosed by the assessee in the Return of Income which is not part of Regular Accounts is liable for levy of penalty u/s.271(1)(c) and (ii) the order of the CIT(A) directing the AO to levy penalty u/s. 271AAA of the Income Tax Act on the undisclosed income cannot be sustained. Hence the action of the Assessing Officer to sustain the penalty u/s 271(1)(c) levied vide order dt 27/6/2011 in the revision order dt 13/1/2017 is upheld. is justified and hence, we do not find any merit in the assessee’s appeal.
SMT. R. MAHALAKSHMI VERSUS THE ACIT, NON-CORPORATE CIRCLE – 17 (1), CHENNAI.
(2019) TaxCorp(LJ) 20092 (ITAT-CHENNAI) · https://taxcorp.in/FileOpenDT.aspx?ID=77705&Category=ITAT&CategoryType=Zip
-
There is no representation from the side of the assessee to bring on the facts and relevant financial statement on record. Necessary details have been examined including the muster roll. CIT(A) seems to be satisfied with the details mentioned therein and also referred to minor discrepancy in the records. Mainly various vouchers of labour payments are unsigned.
ITO 5 (1) BHOPAL VERSUS SHRI PRABHAKAR COLONIZERS & DEVELOPERS PVT. LTD.
(2019) TaxCorp(LJ) 20091 (ITAT-INDORE) · https://taxcorp.in/FileOpenDT.aspx?ID=77702&Category=ITAT&CategoryType=Zip
-
S. 147/148: It is mandatory for the AO to follow the procedure laid down in GKN Driveshafts 259 ITR 19 (SC) and to pass a separate order to deal with the objections. The disposal of the objections in the assessment order is not sufficient compliance with the procedure. The failure to follow the procedure renders the assumption of jurisdiction by the Assessing Officer ultra vires (Bayer Material Science 382 ITR 333 (Bom) & KSS Petron (Bom) followed)
Fomento Resorts & Hotels Ltd vs. ACIT
(2019) TaxCorp(LJ) 20090 (HC-BOMBAY) · Sections 147, 148
-
ITAT offers suggestions on how to remove hindrances to India's goal to become a $5 Trillion economy. Violations of tax laws by new assessees occur because of lack of proper advice. Instead of letting these sparks of economic change stifle and die due to fear of compliances, they should be assisted by the State. (i) Set up a Tax Advisory Cell consisting of public spirited Revenue officers with strong ethics, full awareness of tax laws and people skills (ii) Identify new successful businesses as the agents of economic change (e.g. Haldiram, Lijjat Papad) and assist them, (iii) Create a Tax Compliance Scheme specially for the benefits of these new ventures so as to address their past lack of compliance
Asha Gandhi vs. ITO
(2019) TaxCorp(LJ) 20089 (ITAT-CHANDIGARH)
-
S. 10AA/ 115JB: Even income arising from the business of a SEZ Unit, which is exempt u/s 10AA, is subject to MAT from AY 2012-13 onwards owing to the insertion of the proviso to s. 115JB(6). The earlier judgements holding that the exemption provisions would prevail over s. 115JB are not good law after the insertion of the proviso to s. 115JB(6) (CBDT Circular No. 2/2012 dated 22.5.2012 referred)
Safeflex International Ltd vs. ITO
(2019) TaxCorp(LJ) 20088 (ITAT-JAIPUR) · Sections 10AA, 115JB
-
Assessee has discharged his duties imposed u/s 68 of the Act by establishing the identity of the lenders, the genuineness of the transactions and creditworthiness of the lenders. Assessee has taken a loan in the assessment year 2005- 06 from Shri Shushibhai Patel which was not doubted by the Revenue in the assessment proceedings framed under section 143(3) of the Act.
M/S SOUTH SHOURNE CORPORATION (INDIA) VERSUS ACIT, CIRCLE-2 (2), BARODA.
(2019) TaxCorp(LJ) 20087 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=77682&Category=ITAT&CategoryType=Zip
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.