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HC - Deduction u/s. 80IB - composite development of housing project - Combining two projects into one will lead to a result which manifestly will be unjust and absurd and defeat the very provisions of the deduction sections. Unless there is a clear intention of the legislature the Revenue cannot be permitted to do so.
PRINCIPAL COMMISSIONER OF INCOME TAX VERSUS NAGJUA DEVELOPERS
(2019) TaxCorp(LJ) 19473 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=78909&Category=Judgment&CategoryType=Zip
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ITAT - Cancellation of Registration u/s 12AA(3) - For cancellation u/s 12AA(3) is that the activities of the trust should not be genuine or the activities of the trust are not being carried out in accordance with the objects of the trust. There is neither an allegation in the impugned order nor finding that any of the aforesaid conditions exist in the case of the assessee. Order is quashed.
SHIVLAL ZADIADEVI JAN-KALYAN NIDHI VERSUS COMMISSIONER OF INCOME-TAX (EXEMPTION), KOLKATA.
(2019) TaxCorp(LJ) 19472 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=75891&Category=ITAT&CategoryType=Zip
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ITAT - Deduction u/s 10AA - The onus is on AO to prove the presence of any arrangement between the parties which have resulted in extraordinary profits to the eligible unit. The AO could have, at least, brought variation in price of supply of commodity from different units on record to establish collusion/arrangement. The onus remains undischarged except for presence of suspicious circumstances.
M/S. SJR COMMODITIES AND CONSULTANCIES PVT. LTD. VERSUS INCOME TAX OFFICER WARD - 8 (3) (2) MUMBAI
(2019) TaxCorp(LJ) 19471 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=75892&Category=ITAT&CategoryType=Zip
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ITAT - Upholds LTCG-addition on the ground that the assessee entered into complex agreements with the lenders to realize the sale consideration in guise of loans from lenders.
Radhika Roy Vs DCIT
(2019) TaxCorp(LJ) 19470 (ITAT-DELHI) · Section 56(2)(vii)(c)
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ITAT - Since It was only account of disallowance of the forex loss u/s 37(1) that the returned loss stood converted into positive business income and as a consequence, the assessee became eligible to claim deduction, therefore statutory bar provided in Section 80A(5) did not operate as there was no “failure” on the assessee’s part to claim deduction.
M/S. DIC FINE CHEMICALS PVT. LTD. VERSUS DCIT, CIRCLE – 11 (1), KOLKATA
(2019) TaxCorp(LJ) 19469 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=75852&Category=ITAT&CategoryType=Zip
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The charges paid to shipping companies were not taxable, they were not expected to come under TDS provision.
BGS SGS Soma Joint Venture Vs Dy. Commissioner of Income-tax
(2019) TaxCorp(LJ) 19463 (ITAT-HYDERABAD)
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For availing exemption u/s 54 on purchase of land-plot for house construction, there is no time limit.
Shri Varun Seth Vs ACIT
(2019) TaxCorp(LJ) 19462 (ITAT-DELHI) · Section 54
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Since there was a violation of natural justice principles, therefore CIT's Sec. 263 order was quashed.
National Association of Software and Services Companies (‘NASSCOM’) Vs CIT (Exemptions)
(2019) TaxCorp(LJ) 19455 (ITAT-DELHI) · Section 263
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Management advisory services rendered by a singapore company to its Indian group company and management fee received by Singapore company therein cannot be taxed in India as Fees for Technical Services under Singapore DTAA.
Dimension Data Asia Pecific Pte. Ltd Vs DCIT
(2019) TaxCorp(LJ) 19454 (ITAT-MUMBAI)
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AO to allocate expenses to incomes on which STT rebate u/s 88E is denied and re-compute the rebate accordingly.
M/s OPG Securities Private Ltd. Vs The Asstt. Commissioner of Income-Tax
(2019) TaxCorp(LJ) 19453 (ITAT-DELHI) · Section 88E
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Sec.43A becomes applicable when the assets are acquired from a country outside India and does not apply to acquisition of indigenous assets.
Neuman & Esser Compressor Application Centre Pvt. Ltd Vs The Dy. Commissioner of Income Tax
(2019) TaxCorp(LJ) 19452 (ITAT-PUNE) · Section 43CA
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Citing 'supervening impossibility' business loss set-off is allowed though not claimed in return.
Maharashtra State Warehousing Corporation Vs Dy. Commissioner of Income Tax
(2019) TaxCorp(LJ) 19451 (ITAT-PUNE)
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Since the 2015 amendment to Sec. 153C is prospective and not retrospective, therefore proceedings u/s. 153C is quashed by HC.
ANILUKMAR GOPIKISHAN AGRAWAL Vs ACIT
(2019) TaxCorp(LJ) 19450 (HC-GUJARAT) · Section 153C
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Non-intimation regarding assessee's death by legal representative, cannot invalidate AO's assessment orders.
V.Srinivasan Vs THE CIT
(2019) TaxCorp(LJ) 19449 (HC-MADRAS) · Section 159
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Service-tax component of insurance commission payment to agents will not require TDS deduction.
Reliance Life Insurance Co. Ltd Vs THE CIT
(2019) TaxCorp(LJ) 19448 (HC-BOMBAY)
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Interest is integral to refund when the same is not less than 10% of the tax as determined.
Neeraj Kumar Vs ITO
(2019) TaxCorp(LJ) 19447 (ITAT-AMRITSAR) · Section 271(1)(c)
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Since referral fees paid to US concern by assessee during AY 2012-13, neither FTS under Income-tax Act nor Fees for Included Services (FIS) under India-US DTAA. Therefore not taxable.
Knight Frank (India) Pvt. Ltd Vs ACIT
(2019) TaxCorp(LJ) 19446 (ITAT-MUMBAI) · Section 9
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There is no such provision either in the Act or even in the relevant Rules to round off the valuation of shares at the next rupee.
Shresth Dealers Pvt. Ltd Vs ITO
(2019) TaxCorp(LJ) 19445 (ITAT-KOLKATA) · Section 56(2)(viib)
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Since once the royalty was held to be at arm's length no further amount could be attributable. Therefore quashes AO's 'FTS / royalty' characterization of Dutch Co.'s income citing variance with APA.
Spencer Stuart International BV Vs DCIT
(2019) TaxCorp(LJ) 19434 (ITAT-MUMBAI) · Section 9(1)
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Discount earned on Foreign Currency Convertible Bonds [FCCBs] buyback by assessee co. is not a revenue reciept u/s. 28(iv).
Pidilite Industries Ltd Vs DCIT
(2019) TaxCorp(LJ) 19427 (ITAT-MUMBAI) · Section 28(iv)
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