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the entire capital and assets of the transferor-companies having vested in the assessee, as a result of the said amalgamations, the assessee became the sole owner of the capital of the transferor-companies. There was, therefore, no extinguishment of the right of the assessee in participating in the capital on the liquidation of the transferor-companies.
M/S. L.G. BALAKRISHNAN & BROS LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX, SPECIAL RANGE-II COIMBATORE
(2019) TaxCorp(LJ) 19865 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=79599&Category=Judgment&CategoryType=Zip
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the premises where the employees were housed, for which, they paid rental the company were in the near vicinity of the mills, that the rental of those premises were fixed and did not change with the change of the occupant, that the rental deducted from the wages of the employee or employees occupying the premises, that those employees were engaged in the main business of the company and their residence in the buildings in dispute was incidental to the main occupation i.e. the carrying on of the business of the company and that in true perspective, those buildings were part of the business equipment of the owner or in other words, it was the business asset of the owner.
THE COMMISSIONER OF INCOME TAX, CHENNAI VERSUS M/S. ASHOK LEYLAND LTD., CHENNAI-1
(2019) TaxCorp(LJ) 19864 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=79600&Category=Judgment&CategoryType=Zip
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The AO has power to reopen the assessment, provided there is “tangible material” to come to the conclusion that there is escapement of income from assessment and the reasons must have a live link with the formation of belief.
NILAMBEN SANDIPBHAI PARIKH VERSUS ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 4 (2)
(2019) TaxCorp(LJ) 19863 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=79602&Category=Judgment&CategoryType=Zip
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If the Assessee Company-Respondent failed to discharge the onus required u/s 68, the Assessing Officer was justified in adding back the amounts to the Assessee's income.
SHRI SAJID KHAN, AASHIQ KHAN, AKRAM KHAN, SMT. RUKHSANA BEGUM, SALEEM KHAN, AKBAR KHAN, AAKIL KHAN VERSUS PRINCIPAL COMMISSIONER OF INCOME TAX AND 2 ORS
(2019) TaxCorp(LJ) 19862 (HC-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=79604&Category=Judgment&CategoryType=Zip
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In an environment in which retrospectivity was attached only to the taxation and not to tax reliefs or concessions, such an approach is a pleasant departure from legacy practices.
Dinesh Madhavlal Patel Vs Income Tax Officer
(2019) TaxCorp(LJ) 19861 (ITAT-AHMEDABAD)
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The transaction in question doesn't form a live link for 'reasons to believe' that assessee's income had escaped assessment.
NESTLE SA Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 19860 (HC-DELHI)
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Though the law on applicability of the requirement of notice u/s. 143(2) was quite clear from SC decision in Blue Moon's case, however, in the present case what needs to be considered is the impact of Section 292BB.
LAXMAN DAS KHANDELWAL Vs COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 19859 (SC) · Sections 143(2), 292BB
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S. 10(38) Bogus Capital Gains from Penny Stocks (282x gain in 12 months): The meticulous paper work of routing the transaction through banking channel is futile because the results are altogether beyond human probabilities. Neither in the past nor in the subsequent years, assessee has indulged into any such investment having huge windfall. Had the assessee been so intelligent qua the intricacies of the share market, he would have definitely undertaken such risk taking activities in the past or future by making such investment in unknown stock. It is a sham transaction to convert undisclosed income into disclosed by evading tax under the garb of LTCG in connivance with entry providers (Pooja Ajmani & Udit Kalra 176 DTR 249 (Del) followed
Sanat Kumar vs. ACIT
(2019) TaxCorp(LJ) 19858 (ITAT-DELHI) · Section 10(38)
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S. 92CA(1) Transfer Pricing: CBDT's Instruction No.3/2003 dated 20.05.2003 makes it mandatory for the AO to make a reference to the TPO. The failure to make reference to the TPO renders the Transfer Pricing Adjustments made therein are bad in law though the assessment order is good. The matter should be restored to the file of the AO so that appropriate reference could be made to the TPO
PCIT vs. S. G. Asia Holding (I) Pvt. Ltd
(2019) TaxCorp(LJ) 19857 (SC) · Section 92CA(1)
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S. 143(2)/ 292BB: The failure to issue a notice u/s 143(2) renders the assessment order void even if the assessee has participated in the proceedings. S. 292BB does not save complete absence of notice. For S. 292BB to apply, the notice must have emanated from the department. It is only the infirmities in the manner of service of notice that the Section seeks to cure. The Section is not intended to cure complete absence of notice itself
CIT vs. Laxman Das Khandelwal
(2019) TaxCorp(LJ) 19856 (SC) · Sections 143(2), 292BB
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Where loan and advance is given in return to an advantage (interest) then provisions of section 2(22)(e) does not apply.
ACIT, CC-1 (2) , KOLKATA VERSUS CORPORATE ISPAT ALLOYS LTD.
(2019) TaxCorp(LJ) 19855 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=76966&Category=ITAT&CategoryType=Zip
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Tribunal relying upon the Circular No.21/2015 dated 10th December 2015 dismissed the appeal on the ground of low tax effect without going into the merits of the matter.
PRINCIPAL COMMISSIOER OF INCOME TAX-2 VERSUS M/S KUNJ INFRASTRUCTURE PVT LTD.
(2019) TaxCorp(LJ) 19854 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=79549&Category=Judgment&CategoryType=Zip
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The electricity has all the necessary trappings of articles or things and the benefit of additional depreciation cannot be denied.
PR. COMMISSIONER OF INCOME TAX, SURAT-1 VERSUS M/S KADODARA POWER PVT LTD.
(2019) TaxCorp(LJ) 19853 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=79553&Category=Judgment&CategoryType=Zip
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The first issue was purely a question of fact. The tribunal analysed the terms of the transfer agreement in detail and came to the conclusion that it was a bona fide agreement of transfer for a consideration. We are not minded to interfere with that finding.
COMMISSIONER OF INCOME TAX, KOLKATA – IV, KOLKATA VERSUS AKZO NOBLE INDIA LIMITED [FORMERLY KNOWN AS I.C.I. (INDIA) LIMITED]
(2019) TaxCorp(LJ) 19852 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=79554&Category=Judgment&CategoryType=Zip
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The law on the point as regards applicability of the requirement of notice u/s 143(2) is quite clear from the decision in Blue Moon’s case. The issue that however needs to be considered is the impact of Section 292BB. According to Section 292BB, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section.
COMMISSIONER OF INCOME TAX VERSUS LAXMAN DAS KHANDELWAL
(2019) TaxCorp(LJ) 19851 (SC) · https://taxcorp.in/FileOpenDT.aspx?ID=79555&Category=Judgment&CategoryType=Zip
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In view of the guidelines issued by the CBDT in Instruction No.3/2003 the Tribunal was right in observing that by not making reference to the TPO, the AO had breached the mandatory instructions issued by the CBDT. We do not find the conclusion so arrived at by the Tribunal to be incorrect.
THE PRINCIPAL COMMISSIONER OF INCOME TAX-4, MUMBAI VERSUS M/S. S.G. ASIA HOLDINGS (INDIA) PVT. LTD.
(2019) TaxCorp(LJ) 19850 (SC) · https://taxcorp.in/FileOpenDT.aspx?ID=79556&Category=Judgment&CategoryType=Zip
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It is not the AO but the assessee is carrying on the profession. He knows better that what kind of expenditure he should incur for furtherance of his business.
Shri Harish Narinder salve Vs The Assistant Commissioner of Income tax
(2019) TaxCorp(LJ) 19849 (ITAT-DELHI) · Section 37(1)
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Set-off and carry forward of losses are dealt with by the provisions of Section 70 to 74, whereas income of the trust is computed u/s. 11 -13 and hence is not hit by those provisions.
Angoori Devi Educational & Cultural Society Vs DCIT
(2019) TaxCorp(LJ) 19848 (ITAT-DELHI) · Section 80
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Situations wherein returns are filed post demise of the assessee by legal heir are common situations and therefore it is for the Income Tax Department to update data software to make allowance for such situations.
T Palani Vs Assistant Commissioner of Income Tax
(2019) TaxCorp(LJ) 19847 (HC-MADRAS) · Section 292-B
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Provisions u/s 11(1)(a) of the Act speaks about the actual receipt of the income and actual expenses incurred for that and deemed income is not to be assessed.
INDIAN CANCER SOCIETY VERSUS ASSTT. DIRECTOR OF INCOME TAX (EXEMPTION) -II (1), MUMBAI
(2019) TaxCorp(LJ) 19846 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=76935&Category=ITAT&CategoryType=Zip
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