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It is in respect of the assessment year prior to the date of application. It is in the circumstances that registration was finally given on 08.06.2015. We are required to consider proviso below sub-Section 2 of Section 12 A. The proviso provides that if registration has been given to the Trust or the Institution under Section 12 AA of the Act, 1961.
COMMISSIONER OF INCOME TAX (EXEMPTION) LUCKNOW VERSUS M/S SHIV KUMAR SUMITRA DEVI SMARAK SHIKSHAN SANSTHAN
(2019) TaxCorp(LJ) 19986 (HC-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=79761&Category=Judgment&CategoryType=Zip
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The impugned order passed by the Tribunal suffers from perversity, as the Tribunal without considering the aforesaid issues has dismissed the application filed by the appellant under Rule 27 of the Rules by merely stating that the counsel for the assessee could not point out the grounds that were decided against him. More so, when the grounds raised by the appellant were manifestly apparent from the order passed by the CIT(A).
SIR SYED EDUCATIONAL AND SOCIAL WELFARE SOCIETY, BHOPAL VERSUS ASSISTANT COMMISSIONER OF INCOME TAX-1, BHOPAL
(2019) TaxCorp(LJ) 19985 (HC-MP) · https://taxcorp.in/FileOpenDT.aspx?ID=79763&Category=Judgment&CategoryType=Zip
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It is not the case of the Department that this Court had stayed the order of the Commissioner of Appeals, as well as the Tribunal in the Tax Case Appeals. Just because the order reducing the penalty has been put under challenge in the Tax Case Appeals, it cannot be said that the order reducing the penalty itself has been kept under abeyance. In this background, it can only be said that the petitioner would be entitled to the benefit of Section 279 (1A) of the Act and the mere challenge to the order reducing the penalty may not suffice to deny such a benefit.
K.M. MAMMEN VERSUS THE DIRECTOR GENERAL OF INCOME TAX (INVESTIGATION) , THE ASSISTANT COMMISSIONER OF INCOME TAX, THE DEPUTY COMMISSIONER OF INCOME TAX, THE CHIEF COMMISSIONER OF INCOME TAX, (CCA) , THE CHIEF COMMISSIONER OF INCOME TAX/DIRECTOR GENERAL OF INCOME TAX
(2019) TaxCorp(LJ) 19984 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=79765&Category=Judgment&CategoryType=Zip
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S. 10(38): The fact that "long-term capital gains" on listed shares are exempt from tax does not mean that "long-term capital loss" on such shares is not available for set-off against taxable income. While the gains are exempt, there is no bar against claiming set-off of the loss (J.H. Gotla 156 ITR 323 (SC) distinguished, CBDT Circular No.7/2013 dated 16.07.2013 referred, Raptakos Bret 69 SOT 383 (Mum) followed)
United Investments vs. ACIT
(2019) TaxCorp(LJ) 19983 (ITAT-KOLKATA) · Section 10(38)
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Doctrine of promissory estoppel: Once a promise has been solemnly given by the State with an intention that it would be acted upon and which has been indeed acted upon and liabilities suffered by the promisee, the State cannot be permitted to backtrack on the promise and change its position so as to cause loss to the promisee. The eligibility for sales-tax exemption cannot be withdrawn under GST
K. M. Refineries and Infraspace Pvt. Ltd vs. State of Maharashtra
(2019) TaxCorp(LJ) 19982 (HC-BOMBAY)
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S. 148, 282, Rule 127: Mere issue of a s. 148 notice is not sufficient. Service is essential. If the postal authorities return the notice unserved, the Dept has to serve under Rule 127(2) using one of the four sources of address (such as PAN address, Bank address etc). The failure to do so renders the reassessment proceedings invalid (All imp judgements referred)
Harjeet Surajprakash Girotra vs. UOI
(2019) TaxCorp(LJ) 19981 (HC-BOMBAY) · Section 148, 282
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The work of important Tribunal like Income Tax Appellate Tribunal (ITAT) should not be allowed to suffer on account of shortage of administrative staff. There is no lethargy on the part of the Dept in filing up said posts. The Dept is expected to follow up the proposals to fill up the posts of Assistant Registrars in such quota as well as for issuing promotions for the posts of Deputy Registrars so that all these pots to the extent possible can be filled up at the earliest
All India Federation of Tax Practitioners (AIFTP) vs. UOI
(2019) TaxCorp(LJ) 19980 (HC-BOMBAY)
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Under section 43B, certain deductions are allowable on actual payment. By not debiting the service tax to the P&L A/c, the assessee has not claimed it as an expenditure. Therefore, the disallowance of the same u/s 43B of the Act would not arise. In the case before us, the AO is not disallowing the expenditure, but is bringing it to tax, which is not the purpose of the section.Therefore, the addition made u/s 43B is deleted.
M/S. COMFORTLINE SYSTEMS PRIVATE LTD, HYDERABAD VERSUS INCOME TAX OFFICER, WARD 1 (4) HYDERABAD
(2019) TaxCorp(LJ) 19979 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77338&Category=ITAT&CategoryType=Zip
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There is no dispute about the sources of money wherefrom the expenditure had been incurred which has already suffered taxation in the hands of the company Spaze Towers and the very same money cannot be considered as representing undisclosed income of the appellants for which false explanation is being given as loan to attract the provisions of section 269SS r.w.s 271D.
M/S K.S. CHAWLA & SONS (HUF) , SHRI DEEPAK KUMAR, SHRI VIPIN SHARMA, SHRI AMAN SHARMA, SHRI SURINDER PAL SINGH CHAWLA, SHRI JASPAL SINGH CHAWLA, SHRI HARPAL SINGH CHAWLA, BHARAT BHUSHAN KUMAR VERSUS JCIT, CENTRAL RANGE, GURGAON
(2019) TaxCorp(LJ) 19978 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77339&Category=ITAT&CategoryType=Zip
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A comparative study of pre-amendment and post amendment provisions of Sec. 32(2) suggests that prior to the amendment, the set off was restricted to the profits and gains, if any, of any business or profession whereas post amendment (i.e. the law applicable for the year under consideration) the set off is available from profits or gains chargeable for the previous year.
M/S HINDON RIVER MILLS LTD VERSUS THE DY. C.I.T. CIRCLE - 1 GHAZIABAD
(2019) TaxCorp(LJ) 19977 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77340&Category=ITAT&CategoryType=Zip
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An overview of section 144C deciphers that a draft order passed under sub-section (1) is only a tentative order which does not fasten any tax liability on the assessee. In case variations to the income in the draft order are accepted by the assessee or no objections are received within 30 days, the AO completes the assessment under section 144C(3) on the basis of draft order and the matter ends.
DCIT, CIRCLE-8, PUNE VERSUS ATLAS COPCO (INDIA) LIMITED AND (VICE-VERSA)
(2019) TaxCorp(LJ) 19976 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=77341&Category=ITAT&CategoryType=Zip
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The Tribunal rightly arrived at the finding that all the material in regard to land development expenses was before the AO who had required the assessee to produce all the documents in relation to the same and after inquiring about the details of contract and the contract executed by assessee, the bill submitted and payment schedule made.
COMMISSIONER OF INCOME TAX, MEERUT VERSUS VAM RESORTS & HOTELS PVT. LTD.
(2019) TaxCorp(LJ) 19975 (HC-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=79753&Category=Judgment&CategoryType=Zip
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In the present case, the Assessing Officer did not record any finding as to incorrect, erroneous or false return of income filed by the assessee which could lead to the fact that assessee has furnished inaccurate particulars of income and make him liable for penalty under Section 271(1)(c) of the Act. AO had only doubted the genuineness of the gifts on ground of human probabilities and had also doubted the creditworthiness of donors and genuineness of transaction.
PRINCIPAL COMMISSIONER OF INCOME-TAX CENTRAL KANPUR VERSUS DINESH CHANDRA JAIN
(2019) TaxCorp(LJ) 19974 (HC-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=79754&Category=Judgment&CategoryType=Zip
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The law applicable at the time of accrual of income is relevant in a case where a new liability has been fastened on assessee by virtue of any amendment.
Sri Loknath Goenka Vs Commissioner of Income Tax
(2019) TaxCorp(LJ) 19973 (HC-PATNA)
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The assessee was only a conduit through whom the funds were floated. Test of human probabilities was not applicable here since there was no contrary evidence to draw other inferences.
Anoop Jain Vs COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 19972 (HC-DELHI) · Section 69A
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The transactions involving lowering/splitting of share consideration as also the non-compete fee received by the assessee[engaged in the brewery business] is a device adopted to evade taxes
M P Purushothaman Vs Commissioner of Income Tax VII
(2019) TaxCorp(LJ) 19971 (HC-MADRAS)
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We are still persuaded by the earlier years precedence, wherein the Tribunal has separately attributed profits in the hands of the assesse company wherein they have adopted 35% of the profit as against 75% of the global profit in respect of sales affected in India as done by AO.
Rolls Royce Plc. Vs Deputy Director of Income Tax
(2019) TaxCorp(LJ) 19970 (ITAT-DELHI)
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MCI guidelines cannot decide the allowability or otherwise of an expenditure in t he hands of drug manufacturing companies or individuals other than doctors under the Act. This cannot be sustained in the eyes of law, more particularly when the assessee had given complete details of expenses together with supporting evidences before the ld AO. Sec 37 disallowance deserves to be deleted.
Glenmark Pharmaceuticals Ltd Vs Asst. Commissioner of Income Tax
(2019) TaxCorp(LJ) 19969 (ITAT-MUMBAI) · Section 37
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Merely on basis of the office being large, the same cannot be said to be vacant property so as to attract provisions of sec. 23 of the act.
Ideal Hitech Engineering Equipment (P) Ltd Vs ITO
(2019) TaxCorp(LJ) 19968 (ITAT-DELHI) · Section 23
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Commercial prudence postulates that BIPL (Indian subsidiary) bears the ultimate responsibility of such rebates in respect of India sales, and thus the payment of such reimbursements. The payments qualify as a pure reimbursement of expenses and accordingly, not taxable in India
Braitrim UK Limited Vs DCIT (IT)-1(3)(2)
(2019) TaxCorp(LJ) 19967 (ITAT-MUMBAI)
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