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CIT while issuing the show cause notice did not rely upon any independent material nor on any interpretation of law but on perusal of the records was of the view that the expenditure cannot be allowed as deduction.
KUMAR RAJARAM VERSUS THE INCOME TAX OFFICER, INTERNATIONAL TAXATION - 2 (1) , CHENNAI
(2019) TaxCorp(LJ) 19885 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=79609&Category=Judgment&CategoryType=Zip
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Provision requires an employer before paying the employee his wages to deduct the employee's contribution along with the employer's own contribution as fixed by the Government.
M/S RMP BEARING LTD. THRU. RAJENDRA C. MAKWANA VERSUS DY. COMMISSIONER OF INCOME TAX CIRCLE 3 (1) (2)
(2019) TaxCorp(LJ) 19884 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=79610&Category=Judgment&CategoryType=Zip
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There is no dispute that the interest on fixed deposit are chargeable to tax, the appellant was under duty to deduct the same in absence of any returns filed by the Official Liquidator declaring losses and/or filing of a certificate under section 197A to declare NIL income.
BANK OF BARODA VERSUS COMMISSIONER OF INCOME TAX, ADDL. COMMISSIONER OF INCOME TAX, ASSTT. COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 19883 (HC-PATNA) · https://taxcorp.in/FileOpenDT.aspx?ID=79613&Category=Judgment&CategoryType=Zip
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S. 37(1): In the professional field there are innovative ways visualized by professionals to make themselves visible in the professional circle and to build their own professional profile for generating higher and value-added business such as sponsoring seminars, becoming knowledge partners, setting up prizes and awards, creating competitive award ceremonies, hosting vibrant summits etc. The way professionals promote themselves is changing very fast and benefits of such expenditure are huge and wide
Harish Narinder Salve vs. ACIT
(2019) TaxCorp(LJ) 19882 (ITAT-DELHI) · Section 37(1)
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Low Tax Effect Appeals: Though CBDT Circular dated 8th August 2019, enhancing the monetary limits for Dept appeals, states that the "modifications shall come into effect from the date of issue of the Circular", it must be interpreted to mean that the enhanced limits apply not only to appeals to be filed in future but also to appeals pending for disposal as on now. It is an appreciable goodwill gesture by the Govt, for so many taxpayers, on the eve of this Independence Day and offering them freedom from the prolonged mental agony and uncertainty of litigation
ITO vs. Dinesh Madhavlal Patel
(2019) TaxCorp(LJ) 19881 (ITAT-AHMEDABAD)
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S. 50C + S. 10(38) Bogus Penny Stocks Capital Gains: (i) Though the 3rd Proviso to s. 50C, which provides a safe harbour of 5%, applies w.e.f. 01.04.2019, it must be interpreted to apply since the insertion of s. 50C (01.04.2003) because it is curative and removes an incongruity and avoids undue hardship to assesseess (ii) LTCG from penny stocks cannot be treated as bogus if the documentation is in order and no fault is found by the AO
Chandra Prakash Jhunjhunwala vs. DCIT
(2019) TaxCorp(LJ) 19880 (ITAT-KOLKATA) · Section 50C
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In the present case, with the passing of rectification order u/s 154 of the Act, original order passed u/s 143(3) will be substituted by the new order with denial of claim of deduction u/s 80P(2)(b).
BEED TALUKA DHUD VAVSAYIK SAHAKARI SANGH LIMITED VERSUS THE INCOME TAX OFFICER, WARD – 1, BEED.
(2019) TaxCorp(LJ) 19879 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=77020&Category=ITAT&CategoryType=Zip
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Admittedly, in the instant case, the assessee was regularly filing his return of income at Delhi with his PAN No. linked with the AO at Delhi and he was residing at PS, Dwarka-Sector-9, South West District, New Delhi, in government accommodation and was getting salary from the Delhi Police, therefore, merely because the assessee has received the notice, which was sent in his Gurgaon address and has participated in the assessment proceedings will not give jurisdiction to the Assessing Officer at Gurgaon to have jurisdiction over the assessee.
ATTAR SINGH, C/O SHRI SUDESH GARG, ADVOCATE VERSUS ITO, WARD-1 (2), GURGAON. AND (VICE-VERSA)
(2019) TaxCorp(LJ) 19878 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77021&Category=ITAT&CategoryType=Zip
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The additional compensation of ₹ 9 Crores was payable to the assessee only pursuant to consent terms dated 03/01/2012 filed before Hon’ble Supreme Court.
ACIT – 24 (1) , MUMBAI VERSUS SHRI ANIL GULABDAS SHAH
(2019) TaxCorp(LJ) 19877 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=77022&Category=ITAT&CategoryType=Zip
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A.O has nowhere in the assessment order referred to any material which can prove the complicity of assessee in the alleged accommodation entry operation.
MS. AYUSHI JAIN VERSUS ITO, WARD – 22 (4), KOLKATA
(2019) TaxCorp(LJ) 19876 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=77023&Category=ITAT&CategoryType=Zip
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We are of the view that the company having occupied the property for its own purposes, no notional rent can be added. It may be germane to mention here that this is the only property owned and occupied by the assessee as its registered office.
M/S IDEAL HITECH ENGINEERING EQUIPMENT (P) LTD. VERSUS ITO WARD 12 (1) NEW DELHI.
(2019) TaxCorp(LJ) 19875 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=77024&Category=ITAT&CategoryType=Zip
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When the statement of the seller is solely relied on by the AO, it is the duty of the AO to ask the assessee that the seller has stated that he received sale consideration more than the documented price and ask the assessee if he wanted to cross examine, to provide an opportunity to cross examine the seller.
SMT. KARUTURI VIJAYA BHARATHI VERSUS ITO, WARD-1 (1), GUNTUR.
(2019) TaxCorp(LJ) 19874 (ITAT-VISAKHAPATNAM) · https://taxcorp.in/FileOpenDT.aspx?ID=77027&Category=ITAT&CategoryType=Zip
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TDS u/s. 194A would not govern the taxability of the receipt as it is not a charging section and would arise only if the payment is in the nature of income of the payee.
Shri Rupesh Rashmikant Shah Vs Union of India & Ors.
(2019) TaxCorp(LJ) 19873 (HC-BOMBAY)
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Till the approval was granted, Samruddhi Cement Ltd. could not have anticipated or contemplated flowing of the income in its coffers.
Ultratech Cement Ltd. Vs The Chief Commissioner of Income-tax – 1 & anr.
(2019) TaxCorp(LJ) 19872 (HC-BOMBAY) · Section 234C
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The primary facts relating to scheme of demerger of assets from its parent (transferor) and subsequent transfer to Indus Infrastructure Ltd., were within the knowledge of AO when he had passed the original assessment order.
PR. COMMISSIONER OF INCOME TAX 2 & ANR. Vs BHARTI INFRATEL LIMITED
(2019) TaxCorp(LJ) 19871 (SC)
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Hence it cannot, by any stretch of imagination, be presumed that the assessee visited a particular merchant and purchased the dress material from him with intention to participate in the lot.
Sri.Rajmohan V.V. Vs The Income Tax Officer
(2019) TaxCorp(LJ) 19870 (ITAT-COCHIN)
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Income tax has to be levied on real income and on correct facts. It cannot be levied based on patently incorrect facts or estimates.
Shri Shyam Sundar Rawat Vs Income Tax Officer
(2019) TaxCorp(LJ) 19869 (ITAT-KOLKATA)
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In these circumstances, it cannot be said that the services and facilities of the assessee are not accessible to the general public.
Otters Club Vs ITO
(2019) TaxCorp(LJ) 19868 (ITAT-MUMBAI) · Section 11
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It was the first time, the Government of India took a decision to permit foreign insurance companies to set up general insurance business in India. The entire matter was regulated by the Government of India under the relevant regulations.
M/S. SUNDARAM FINANCE LTD. VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE VI (4) , CHENNAI
(2019) TaxCorp(LJ) 19867 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=79597&Category=Judgment&CategoryType=Zip
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Contention of the writ petitioner's counsel cannot be accepted for the reason that Section 2(14)(iii)(b) contemplates calculating distance of the land in question from the nearest municipality.
FRANCIS MARIA SELVARAJ VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 19866 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=79598&Category=Judgment&CategoryType=Zip
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