-
HC - Advance for rent never turned into income as recovery had been barred by limitation. To be treated as an income from the business but could not have been treated as an unexplained cash credit or as an unexplained investment, since the source was clear and there was proper explanation for the amounts as seen from the books of accounts.
THE COMMISSIONER OF INCOME TAX, COCHIN, COCHIN VERSUS M/S. AMRITHA CYBER PARK (P) LTD.
(2019) TaxCorp(LJ) 16753 (HC-KERALA) · http://taxcorp.in/FileOpenDT.aspx?ID=75864&Category=Judgment&CategoryType=Zip
-
HC - Addition u/s 68, 69 and 69A - Since there is no explanation offered as to the source or destination of the amounts which came into the bank account there is no illegality in making addition of the peak credit.
K.P. ABDUL MAJEED VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLECIRCLE-I (1) , CALICUT
(2019) TaxCorp(LJ) 16752 (HC-KERALA) · http://taxcorp.in/FileOpenDT.aspx?ID=75865&Category=Judgment&CategoryType=Zip
-
HC - There was no accrual of the expenditure in the earlier year had not become due. It became due only in this year - Claim of expenditure pertaining to earlier year is duly allowable in this year.
PR. CIT-2, KOLHAPUR VERSUS ECO CANE SUGAR ENERGY LTD.
(2019) TaxCorp(LJ) 16751 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=75866&Category=Judgment&CategoryType=Zip
-
HC - Exchange gain on account of restatement on foreign loan would be a part of core activity of the shipping company entitled the benefit of Chapter XII-G of the Act.
PR. COMMISSIONER OF INCOME TAX-5, MUMBAI VERSUS M/S. M. PALLONJI SHIPPING PVT. LTD.
(2019) TaxCorp(LJ) 16750 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=75868&Category=Judgment&CategoryType=Zip
-
HC - Writ Allowed - Instead, waiting for the time till the two members who decided the first ITAT orders were not available and choosing to prefer the rectification application at a convenient time, the assessee no doubt technically was compliant, but stood exposed to the odium of forum shopping. Imposes cost on assessee.
N R Portfolio Pvt Ltd Vs PR COMMISSIONER OF INCOME TAX-6
(2019) TaxCorp(LJ) 16749 (HC-DELHI)
-
ITAT - Tax Planning - The transactions cannot be termed as sham just because there is lower outflow of taxes.
Asianet TV Holdings Pvt. Ltd Vs ACIT
(2019) TaxCorp(LJ) 16748 (ITAT-MUMBAI)
-
ITAT - Purchase of IPL cricket match tickets for distribution to long standing customers is deductible u/s 37.
EPE Process Filters & Accumulators Pvt Ltd Vs Dy. Commissioner of Income Tax
(2019) TaxCorp(LJ) 16747 (ITAT-HYDERABAD) · Section 37
-
ITAT - Co-op. society's contribution to education fund under Karnataka Co-operative Societies Act is not wholly and exclusively meant for running of the business of the assessee and not allowable u/s 37.
Tumkur DCC Bank Ltd Vs ACIT
(2019) TaxCorp(LJ) 16746 (ITAT-BANGALORE)
-
HC - It is plain that the reassessment notice was based upon a second opinion or revisiting of the same facts by a subsequent Assessing Officer and no more. For these reasons, the reassessment notice has to be quashed.
IHHR HOSPITALITY PVT. LTD. VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16745 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=75844&Category=Judgment&CategoryType=Zip
-
SC - SLP dismissed - HC had held that two Initial Assessment Year is permissible in 80IC for 100 % deduction.
PR. COMMISSIONER OF INCOME TAX VERSUS M/S STOVEKRAFT INDIA
(2019) TaxCorp(LJ) 16743 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=75847&Category=Judgment&CategoryType=Zip
-
SC - Amendment made in Section 80AB, inserted by Finance (No. 2) Act, 1980 with effect from 1st April, 1981 have prospective effect.
M/S. VIJAY INDUSTRIES VERSUS COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16742 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=75848&Category=Judgment&CategoryType=Zip
-
ITAT - It is not clear from the record as to whether the AO has examined the claim for deduction under section 54F and allowed the same after due application of mind - Revision u/s 263 is permissible.
MS. ZEBA SHEREEN VERSUS THE INCOME TAX OFFICER, WARD - 7 (2) (2), BANGALORE
(2019) TaxCorp(LJ) 16741 (ITAT-BANGALORE) · http://taxcorp.in/FileOpenDT.aspx?ID=70690&Category=ITAT&CategoryType=Zip
-
ITAT - Where the AO had accepted the assessee’s surrender without any questions being asked, no penalty u/s 271AAA was leviable.
AJAY KUMAR GUPTA VERSUS DCIT, CC-04 NEW DELHI
(2019) TaxCorp(LJ) 16740 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70691&Category=ITAT&CategoryType=Zip
-
ITAT - Show cause notice issued u/s 274 does not specify the charge against the assessee as to whether it is for concealing particulars of income or furnishing inaccurate particulars of income - Penalty u/s 271(1)(c) not sustained.
SEIKH BONI ISRAIL VERSUS ITO, WARD – 48 (3) KOLKATA
(2019) TaxCorp(LJ) 16739 (ITAT-KOLKATA) · http://taxcorp.in/FileOpenDT.aspx?ID=70692&Category=ITAT&CategoryType=Zip
-
ITAT - Levy of penalty u/s. 271E - When the transactions are not for evasion of tax/concealment of income and bonafide belief of the assessee was that it could have made the payment in cash, penalty is not automatic and the penalty is not valid.
M/S. SATTAR SONS PACKAGING PRIVATE LIMITED VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-3, HYDERABAD
(2019) TaxCorp(LJ) 16738 (ITAT-HYDERABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=70675&Category=ITAT&CategoryType=Zip
-
ITAT - When it is not discernible from the assessment order as to whether assessee has furnished inaccurate particulars of income or has concealed particulars of income so as to apply the deeming provisions contained under Explanation 1 (A) & 1(B) of the Act, the penalty u/s 271(1)(c) of the Act is not sustainable.
INCOME TAX OFFICER, WARD 51 (5), NEW DELHI VERSUS M/S. MBIANS INTERNATIONAL INC.
(2019) TaxCorp(LJ) 16737 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70696&Category=ITAT&CategoryType=Zip
-
ITAT - Since order regarding enhancement of income has been set aside, the very basis on which the penalty u/s 271(1)(c) was levied does not survive. Penalty deleted.
SRISHTI RESIDENT WELFARE ASSOCIATION VERSUS ITO, EXEMPTION WARD, GHAZIABAD.
(2019) TaxCorp(LJ) 16736 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70698&Category=ITAT&CategoryType=Zip
-
SC - Sec. 80HH deduction is available on gross profits without deducting depreciation and investment allowances.
M/S. VIJAY INDUSTRIES Vs COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16735 (SC) · Section 80HH
-
SC - SLP Dismissed - Sub-section [1A] of Sec. 244A (inserted w.e.f June 1, 2016) not meant to have retrospective effect.
Nima Specific Family Trust Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16734 (SC) · Section 244A(1A)
-
SC - SLP Dismissed - 'Factual error' pointed out by Audit party would not constitute objectionable/tangible material for AO to initiate re-assessment.
FIS GLOBAL BUSINESS SOLUTIONS Vs ASSTT. COMMISSIONER OF INCOME TAX
(2019) TaxCorp(LJ) 16733 (SC)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.