-
ITAT - Since assessee is seeking extension only on the ground that it is proposing to appeal against the recent co-ordinate bench order before the High Court and also intends to file miscellaneous application before the Tribunal, this cannot be a valid ground for stay of demand.
Google India Pvt. Ltd. Vs. DCIT
(2017) TaxCorp(LJ) 13806 (ITAT-BANGALORE)
-
S. 263 Revision: The failure to issue notice on any particular issue does not vitiate the exercise of power u/s 263, as long as the assessee is heard and given opportunity. The lack of opportunity at the revisional stage does not vitiate the entire order, or the proceedings. It is a curable defect. The CIT has power to consider all aspects which were the subject matter of the AO’s order, if in his opinion, they are erroneous, despite the assessee’s appeal on that or some other aspect
BSES Rajdhani Power Ltd vs. Pr CIT
(2017) TaxCorp(LJ) 13805 (HC-DELHI) · Section 263
-
S. 145(2) ICDS: S. 145 (2) has to be read down to restrict power of the Central Government to notify ICDS that do not seek to override binding judicial precedents or provisions of the Act. If s. 145 (2) is not so read down it would be ultra vires the Act and Article 141 read with Article 144 and 265 of the Constitution. The ICDS which overrule the provisions of the Act, the Rules thereunder and the judicial precedents applicable thereto, are struck down as ultra vires the Act. To that extent, Notification Nos. 87 and 88 dated 29.09.2016 and Circular No. 10 of 2017 issued by the CBDT are also held to be ultra vires the Act and struck down as such
The Chamber Of Tax Consultants vs. UOI
(2017) TaxCorp(LJ) 13804 (HC-DELHI) · Section 145(2)
-
HC - Opportunity of hearing under Sec 263 proceedings explained. Even though there is no requirement in law to issue a notice u/s. 263, but, once, the DIT chooses to issue, he should specify as to why the assessment order is erroneous and prejudicial to the interest of the Revenue.
Cairn India Ltd. vs. DIT
(2017) TaxCorp(LJ) 13803 (HC-MADRAS) · Section. 263
-
HC - The minimum number of units, namely 30 have been located, the Park becomes eligible to opt for the benefit under Section 80IA.
Devraj Infrastuctures Ltd. Versus Chairman/Member (Industrial Park)
(2017) TaxCorp(LJ) 13799 (HC-GUJARAT) · http://taxcorp.in/FileOpenDT.aspx?ID=70292&Category=Judgment&CategoryType=Zip
-
HC - To state that the partial stay granted by the Supreme Court would enure to the benefit of the petitioner even for filing income tax returns without AADHAAR is a plea, which is not sustainable and is liable to be rejected.
Mr. Thiagarajan Kumararaja Versus Union of India, The Central Board of Direct Taxes, The Income Tax Officer
(2017) TaxCorp(LJ) 13798 (HC-MADRAS) · http://taxcorp.in/FileOpenDT.aspx?ID=70294&Category=Judgment&CategoryType=Zip
-
HC - Whether to segregate or not segregate two transactions (clubbing of two distinct revenue streams), is entirely a fact dependent exercise that cannot per se be treated as a question of law.
Commissioner of Income Tax (LTU) Versus M/s. ESPN Software India Ltd.
(2017) TaxCorp(LJ) 13797 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70296&Category=Judgment&CategoryType=Zip
-
SC - The expression “due” only means that a refund becomes due if there is an order under the Act which either reduces or waives tax or interest. It is of no matter that the interest that is waived is discretionary in nature. Claim of interest allowed.
M/s. K. Lakshmanya And Company Versus Commissioner of Income Tax & Another
(2017) TaxCorp(LJ) 13796 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=70299&Category=Judgment&CategoryType=Zip
-
SC - When the collection is illegal, there is corresponding obligation on the revenue to refund such amount with interest in as much as they have retained and enjoyed the money deposited.
The Director of Income Tax (International Taxation) Versus M/s Set Satellite (Singapore) Pte. Ltd.
(2017) TaxCorp(LJ) 13795 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=70300&Category=Judgment&CategoryType=Zip
-
HC - Explained law on CIT's revisionary power. CIT has powers u/s 263 in respect of issues which were subject matter of scrutiny in original assessment order. No merger with with CIT(A)'s order.
BSES Rajdhani Power Ltd. vs. PCIT
(2017) TaxCorp(LJ) 13794 (HC-DELHI)
-
HC - Writ Dismissed - No permission for filing income- tax return without Aadhaar number.
Mr. Thiagarajan Kumararaja Vs. Union of India
(2017) TaxCorp(LJ) 13793 (HC-MADRAS)
-
SC - Assessment in the hands of non-existing amalgamating company is void and not curable u/s 292B
Spice Enfotainment Vs. CIT
(2017) TaxCorp(LJ) 13792 (SC) · Section. 292B
-
HC - Sec.80-IA benefit available once minimum number of units in accordance with the Industrial Park Scheme, 2008 located in industrial park. Commencement certificate is irrelevant.
Devraj Infrastuctures Ltd. Vs. CHAIRMAN/MEMBER(INDUSTRIAL PARK)
(2017) TaxCorp(LJ) 13791 (HC-GUJARAT) · Section. 80-IA
-
ITAT - Business Centre Service charges - The appellant is held to be “deemed owner” of the property in question by virtue of Section 27(iiib) of the Act.
Income Tax Officer 8 (2) (3), Mumbai Versus Niyman Mall Management Co. Pvt. Ltd. And Vice-Versa
(2017) TaxCorp(LJ) 13790 (ITAT-MUMBAI) · http://taxcorp.in/FileOpenDT.aspx?ID=59784&Category=ITAT&CategoryType=Zip
-
ITAT - Capital gain u/s 50C - Where the date of the agreement fixing the amount of consideration and the date of registration regarding transfer of the capital asset in question are not the same, the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement is to be taken for the purpose of full value of consideration.
Hansaben Bhaulabhai Prajapati Versus Income Tax Officer, Ward 3 (2) (2), Ahmedabad
(2017) TaxCorp(LJ) 13789 (ITAT-AHMEDABAD) · http://taxcorp.in/FileOpenDT.aspx?ID=59785&Category=ITAT&CategoryType=Zip
-
ITAT - Where assessee followed cash system of accounting and claimed TDS this year but income for the same has not been taken in gross receipts, credit of TDS allowed.
Chandra Shekhar Aggarwal Versus ACIT, Circle-61 (1), New Delhi
(2017) TaxCorp(LJ) 13788 (ITAT-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=59789&Category=ITAT&CategoryType=Zip
-
HC - No Revision u/s 264 in case of non furnishing of books of account and other relevant material.
Shri Sanjay Kundu Versus Commissioner of Income Tax, Rohtak
(2017) TaxCorp(LJ) 13787 (HC-P&H) · http://taxcorp.in/FileOpenDT.aspx?ID=70258&Category=Judgment&CategoryType=Zip
-
HC - No denial of deduction u/s 80-IC since AO’s conclusion that the profits were “more than ordinary” was based on surmises and conjectures.
Pr. Commissioner of Income Tax, Delhi-12 Versus Kuljeet Singh Kochar
(2017) TaxCorp(LJ) 13786 (HC-DELHI) · http://taxcorp.in/FileOpenDT.aspx?ID=70259&Category=Judgment&CategoryType=Zip
-
HC - While determining remuneration to partners u/s 40(b), interest income earned on the FDR of surplus funds cannot be considered as part of the income of the business.
Commissioner of Income Tax, Kota Versus M/s Allen Career Institute
(2017) TaxCorp(LJ) 13785 (HC-RAJASTHAN) · http://taxcorp.in/FileOpenDT.aspx?ID=70261&Category=Judgment&CategoryType=Zip
-
ITAT - Interest u/s 234B/C is payable in respect of tax payable under MAT provisions.
Surya Roshni Ltd. Vs. DCIT
(2017) TaxCorp(LJ) 13784 (ITAT-DELHI) · Section. 234B/C
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.