2023 Annual Digest Of Direct Tax Cases: ITAT
Mariya Pali
10 Jan 2024 3:10 AM GMT
Bogus Long-Term Capital Gains From Transaction In Penny Stocks: ITAT Upholds AdditionCase Title: Hemil Subhashbhai Shah Versus DCIT The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the addition of bogus long-term capital gains from transactions in penny stocks. Gift From Family Members Do Not Require Any Special Occasion: ITAT Deletes...
Bogus Long-Term Capital Gains From Transaction In Penny Stocks: ITAT Upholds Addition
Case Title: Hemil Subhashbhai Shah Versus DCIT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the addition of bogus long-term capital gains from transactions in penny stocks.
Gift From Family Members Do Not Require Any Special Occasion: ITAT Deletes Addition
Case Title: Shri Hemant Pandya Versus ITO
The Indore Bench of the Income Tax Appellate Tribunal (ITAT) has deleted that addition and held that gifts from family members do not require any special occasion.
Case Title: ICRW Group Gratuity Trust Versus ICLEI South Asia Group Gratuity Trust
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that any trust that has been created for the purpose of managing the statutory obligations of employees of the parent trust would certainly fall within the ambit of advancement of general public utility and, hence, be considered a charitable activity as defined under Section 2(15) of the Income Tax Act.
Case Title: ACIT Versus Ashish Bansal
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy with his own whims and fancies.
Income Derived From Sale Of Agricultural Land Is Not A Capital Asset: ITAT
Case Title: ACIT Versus Kamlesh Kumar Rathi
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that income derived from the sale of agricultural land is not a capital asset.
Deemed Dividend Cannot Be Taxed In The Hands Of Non-Shareholders: ITAT
Case Title: DCIT Versus Aaryavart Infrastructure P. Ltd.
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that deemed dividends cannot be taxed in the hands of non-shareholders.
Provisions Of Section 44BB Not Applicable In Absence Of PE: ITAT
Case Title: Baker Hughes Energy Technologies UK Ltd. Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the provisions of Section 44BB of the Income Tax Act are not applicable in the absence of a permanent establishment (PE).
Benefits Of India- Mauritius DTAA Available To Collective Investment Vehicles: ITAT
Case Title: Sapein Funds Ltd. Versus CIT(International Taxation)
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the benefits of the Double Taxation Avoidance Agreement (DTAA) are available to collective investment vehicles.
200% Penalty Can't Be Levied Unless Dept. Specifies Misreporting: ITAT
Case Title: Saltwater Studio LLP Versus NFAC
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that a 200% penalty can't be levied unless the department specifies misreporting.
Interest Income Received On Temporary FDs Is Eligible For Exemption: ITAT
Case Title: Allstate India Private Limited Versus Deputy Commissioner of Income-tax
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has held that interest income received on temporarily fixed deposits is eligible for exemption.
Case Title: Zainul Abedin Ghaswala Versus CIT(A), NFAC
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 54F of the Income Tax Act on the grounds that the assessee is not the exclusive owner of multiple residential properties occupied by other family members.
Case Title: Dy. Commissioner of Income-tax Central Circle 1(4) Versus M/s Grasim Industries Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that income tax is not payable on the interest subsidy received under the technology upgradation fund scheme.
Expenses For Community Development, Environment Health & Safety : ITAT Allows CSR Expenditure
Case Title: Dy. Commissioner of Income Tax Versus M/s. GMR Warora Energy Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that once the expenditure has been accepted to be for community development and environmental health and safety expenses, the same cannot be held to have not been incurred wholly and exclusively for the purpose of business in the year under consideration.
Income From The Sale Of RECs Is Capital In Nature, Is Not Subject To Taxation: ITAT
Case Title: M/s Satia Industries Ltd. Versus NFAC
The Amritsar Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income from the sale of Renewable Energy Certificates (RECs) is classified as capital in nature and is not subject to taxation.
ITAT Sustains Disallowance As Cash Payment Exceeds Rs. 20,000 To Single Party In Single Day
Case Title: Shri Kalimuthu Harichandran Versus ACIT
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has sustained the disallowance under section 40A(3) of the Income Tax Act as a cash payment exceeds INR 20,000 to a single party in a single day.
Case Title: PDR Solutions FZC versus DCIT
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has ruled that a domain name registrar does not have any right to the domain name, which is registered by it merely as a facilitator. Thus, the income received by it from domain name registration is not taxable as a “Royalty”, the ITAT ruled.
Case Title: Prerak Goel Versus PCIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT), while quashing the revision order, held that when the Assessing Officer (AO) has taken one of several possible views, the Principal Commissioner of Income Tax (PCIT) is prohibited from adopting a different view.
The two-member bench of Aby V. Varkey (Judicial Member) and B.R. Baskaran (Accountant Member) relied on the decision of the Supreme Court in the case of Malabar Industrial Co., Ltd. v. CIT, in which it was ruled that if the AO has taken one of the possible views, then the assessment order cannot be considered to be prejudicial to the interests of revenue merely for the reason that the PCIT has a different view on the very same matter.
TDS Not Applicable To Salary/Commission Paid To Partners: ITAT
Case Title: ACIT Versus Dhar Construction Company
The Gauhati Bench of the Income Tax Appellate Tribunal (ITAT) has held that the TDS is not applicable to salary or commission paid to partners.
Case Title: M/s Sagitarius Securities Pvt. Ltd. Versus I.T.O.
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that it is impossible for a company to get its accounts audited on 31st March and present the same for approval in the Annual General Meeting on March 31st.
Company's Income Cannot Be Assessed Under 'Salary': ITAT
Case Title: Ducere Technologies Private Limited Versus DCIT
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that since the assessee is a company, its income cannot be assessed under the heading "salary."
The bench of K. Narasimha Chary (a judicial member) has restored the issue to the file of the Assessing Officer to verify the availability of brought-forward losses for the purpose of setting off the current year's income against losses.
Interest Income Earned By A Co-Operative Society Eligible For Deduction: ITAT
Case Title: Amore Commercial Premises Co-Op Society Ltd. Versus Central Processing Centre
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) held that interest income earned by a co-operative society on its investments held with co-operative banks would be eligible for claim of deduction under section 80P(2)(d) of the Income Tax Act.
The two-member bench of Kuldip Singh (Judicial Member) and S Rifaur Rahman (Accountant Member) found that the CIT(A) erred in upholding the assessee's denial of deduction under Section 80P(2)(d).
Case Title: Nan Lian Ship Management LLC versus ACIT (Int. Tax)
The Mumbai bench of the ITAT has ruled that hire charges received by the owner of a ship for chartering its vessel under a 'Time Charter Agreement', is not taxable as 'royalty' under Section 9(1) (vi) of the Income Tax Act, 1961, if control and dominance over the ship remained with the assessee/ owner and not with the charterer.
2% TDS Deductible On Common Area Maintenance Charges: ITAT
Case Title: HV Global Pvt. Ltd. Versus ITO
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that 2% TDS is deductible on common area maintenance charges.
The two-member bench of C.M. Garg (Judicial Member) and Pradip Kumar Khedia (Accountant Member)has observed that the common area maintenance charges were not part of the actual rent paid to the owner by the assessee company. Payments of rent and common area maintenance charges have been made to distinct entities or companies; therefore, the authorities below were not right in creating the liability payable by the assessee firm.
Case Title: Blue Stampings & Forgings Ltd. Versus Dy. Commissioner of Income Tax
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessing officer was not justified in taking drastic action and rejecting books of account that are audited solely on the basis of general remarks that photocopies of the bills have been produced instead of original bills.
Case Title: Galaxy Construction and Contractors Pvt. Ltd. Versus DCIT
Citation: ITA No.1402/PUN/2019
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that the mere making of a claim, which is not sustainable by the law itself, will not amount to furnishing inaccurate particulars of income.
The bench of S.S. Vishwanethra (Judicial Member) has observed that the appellant cannot be held guilty of furnishing inaccurate particulars of income, and, therefore, the Assessing Officer was not justified in levying a penalty under Section 271(1)(c) of the Income Tax Act.
Delay By State To Issue Necessary Certificates: ITAT Quashes Revision Order
Case Title: Kusum Mehta Versus CIT
The Calcutta Bench of Income Tax Appellate Tribunal (ITAT) has quashed the revision proceedings initiated in the name of the deceased person.
The revenue department acted quickly after receiving the legal heir certificate, according to the two-member bench of George Mathan (Judicial Member) and Arun Khodpia (Accountant Member). However, there has been a delay at the level of the state government in issuing the necessary certificates. Fault cannot be placed on the revenue or the assessee.
Credit For TCS Available To Assessee In Whose Hand Income Is Assessed To Tax: ITAT
Case Title: M/s Hotel Ashok Garden versus ITO
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has reiterated that credit for Tax Collected at Source (TCS) should be given to the assessee who is finally and lawfully assessed to tax in respect of the income on which TCS has been collected, irrespective of the person in whose name the TCS certificate has been issued.
Case Title: Shakun Devi Versus Joint Commissioner of Income Tax
The Allahabad Income Tax Appellate Tribunal (ITAT) has deleted the addition as the jewellery belonging to unmarried daughters will be kept along with the assessee's jewellery in a family home where they are living together.
Section 14A Disallowance Not Warranted If No Exempt Income Is Earned: ITAT
Case Title: Indian Farmers Fertiliser Versus DCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the disallowance under Section 14A of the Income Tax Act is not warranted if no exempt income is earned.
The two-member bench of Anubhav Sharma (Judicial Member) and Anil Chaturvedi (Accountant Member) has observed that Section 14A envisages that there should be actual receipt of income, and hence Section 14A of the Act will not apply where no exempt income is received or receivable during the relevant previous year.
Expenses Incurred During Regular Course Of Business Cannot Be Treated As Capital Expenses: ITAT
Case Title: ACIT Versus Drishti Soft Solutions Pvt. Ltd.
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that expenses incurred during the regular course of business cannot be treated as capital expenses.
The two-member bench of Yogesh Kumar US (Judicial Member) and Anil Chaturvedi (Accountant Member) has observed that the payment was made towards the professional fee, which includes monthly retainer fees for the professional services.
IBC Has Overriding Effect On All The Acts Including Income Tax Act: ITAT
Case Title: ACIT Versus ABW Infrastructure Ltd.
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the Insolvency and Bankruptcy Code (IBC) has an overriding effect on all acts, including the Income Tax Act, as per Section 178(6) of the Income Tax Act, effective from November 1, 2016.
Misplacing FD Is Not The Ground For Deleting Addition Of Interest: ITAT
Case Title: Smiths Detection Asia Pacific Pte Ltd Versus The Dy. C.I.T
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the addition of interest on fixed deposits (FDs).
Case Title: M/s. Jet Airways (India) Limited Versus DCIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that Jet Airways has failed to comply with the notices issued by the lower authorities in spite of several opportunities. Jet Airways was directed to pay a cost of Rs. 25,000 for being delinquent before the lower authorities which was to be paid to the Prime Minister's Relief Fund within 30 days.
ITAT Deletes Addition On Cash Deposits During Demonetisation
Case Title: Mrs. Usha Narayan Chaware Versus ITO
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition of cash deposits during demonetization.
Case Title: M/s. Google LLC Versus JCIT (OSD) (IT)/DCIT (IT)
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has held that amounts paid by Google India to Google US with reference to seconded employees do not come within the fees for technical services (FTS) or fees for included services (FIS) under the Income Tax Act or under the India-US Tax Treaty.
Case Title: Sai Prerana Co-op. Credit Society Ltd. Versus Income Tax Officer
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the Centralised Processing Centre (CPC) was not authorized to carry out such adjustments for disallowance of deduction under section 80P of the Income Tax Act.
Case Title: Deutsche India Pvt. Ltd. Versus Asstt. Director of Income Tax
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that payment towards an employee's contribution to the provident fund after the due date is not allowable as a deduction.
Case Title: ZF Steering Gear (India) Ltd. Versus DCIT
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has observed that lease rent paid for acquiring mining rights is capital in nature and income tax deductions cannot be allowed.
Case Title: Inteva Products Netherlands BV Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that payments received from foreign companies on account of business support services are held to be taxable as fees for technical services (FTS).
Case Title: ACIT Versus The Green Environment Services Co-op Society Ltd.
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the assessee's claim of Rs. 7,77,73,600 as a provision for expenses of solid waste disposal.
NFAC Bound By The Decision Of Jurisdictional High Court: ITAT
Case Title: Nagesh Consultants Versus The Deputy Commissioner of Income Tax
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that the National Faceless Appeal Centre (NFAC) was bound by the binding decision of the jurisdictional high court, where the AO was situated.
ITAT Upholds Income Tax Addition On Amount Received For Arbitration Settlement
Case Title: TGE Gas Engineering GmbH Versus DCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the income tax addition on the amount received for arbitration settlement from Indian Oil Infrastructure & Energy Services.
Case Title: M/s. Tata NYK Shipping Pte. Ltd. vs. Commissioner of Income Tax, International Taxation-3, New Delhi.
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that an order by assessing officer on whether a particular entity is entitled to a treaty benefit or not is a highly contentious issue and cannot be considered to be erroneous and prejudicial to the interest of revenue under section 263 of Income Tax Act, 1961.
Case title: M/s PVR Pictures Ltd. v. Dy. CIT, Circle 19(2), New Delhi
The Delhi Bench of Income Tax Appellate Tribunal has clarified the provisions of clause (iii) of Explanation-1 to Section 115JB (2) for computation of book profits for taxation. The Tribunal held that amount which is lower between unabsorbed depreciation and business loss deserves to be set off against the current Assessment Year (A.Y.) book profits in terms of the provisions of Income Tax Act.
Case Title: Jaiprakash Associates Ltd. v. DCIT International Taxation Circle, Noida
The Delhi Bench of Income Tax Appellate Tribunal has held that no disallowance shall be made to the assessee in regards to the chargeable sum paid by the assessee to a foreign company without deduction of tax.
Late Filing Of Return, Denial Of Section 80P Exemption Not Justified: ITAT
Case Title: Ambaradi Seva Sahkari Mandali Ltd. Versus DCIT
The Rajkot Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that denying the exemption under Section 80P of the Income Tax Act solely on the basis of the assessee's late filing of a return is not justifiable.
Income Earned From Offshore Supply Of Escalators And Elevators Is Not Taxable In India: ITAT
Case Title: Schindler China Elevator Company Ltd. Versus ACIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that income earned by the assessee from the offshore supply of escalators and elevators is not taxable in India.
Confusion In Relation To The Service Of Intimation Through Email: ITAT Condones Delay Of 9 Years
Case Title: M.K. Hotels & Resorts Ltd. Versus Assistant Commissioner of Income Tax
The Amritsar Bench of the Income Tax Appellate Tribunal (ITAT) ruled that there was significant ambiguity regarding the service of notice under Section 143(1) to the assessee via email.
Case Title: The National Housing Bank Versus CIT(A), NFAC
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that employers have to deposit employees' contributions towards EPF/ESI on time to avail of income tax deductions.
Income Tax Disallowances Made On Ad Hoc Basis Without Specifying A Particular Mistake: ITAT
Case Title: Dynamix India Drill-Con Co. Versus ACIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that disallowances have been done on an ad hoc basis without specifying a particular mistake.
Case Title: Flipkart India Pvt Ltd vs. Assistant Commissioner of Income Tax
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the appeal of Flipkart India against disallowance of over Rs.15.5 Crore of expenses claimed by it under Section 37 of the Income Tax Act, 1961, towards Employee Stock Ownership Plan (ESOP).
Case Title: Sunil Kumar Garg Versus ITO
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that failure of the kidney was a reasonable cause of ailment that prevented the assessee from supplying the documents and replies to the AO.
Case Title: Jowheri Jalaluddin Mullick Versus ITO Versus Income Tax Officer
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under Section 147 of the Income Tax Act.
Assessee Not Responsible To Explain Recipients Of Receipts Shown In Form No. 26AS: ITAT
Case Title: M/s Travelport LP Versus The Dy. C.I.T
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the assessee is not responsible to explain the recipients of the receipts shown in Form No. 26AS.
Husband Entitled To TDS Credit On Interest Earned From Amount Gifted To His Wife: ITAT
The Income Tax Appellate Tribunal's (ITAT), Pune Bench ruled that the husband is entitled to TDS credit on interest earned on the amount gifted to his wife.
Case Title: Bhatia Energy and Minerals Pvt. Ltd. Versus ITO
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the characterization of the share application money of Rs. 25 lac by the AO as an unexplained cash credit under Section 68 of the Income Tax Act is clearly devoid and bereft of necessary verifications.
ITAT Allows Section 54F Deduction Though Capital Gain Scheme Account Was Not Opened
Case Title: T. Pandian Versus ITO
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the deduction under section 54F though the capital gain scheme account was not opened.
In Absence Of Proper Show Cause Notice To The Assessee, There Is No Merit In Levy Of Penalty: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal has held that where the initiation of penalty is one limb and the levy of penalty is another limb, then in the absence of proper show cause notice to the assessee, there is no merit in the levy of penalty.
Income Tax Exemption On The Voluntarily Payment Made By The Employer To The Employee Out Of Appreciation: ITAT
Case Title: Mahadev Vasant Dhangekar Versus The Asstt. CIT, NFAC, Delhi
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has held that the payment has been made voluntarily by them out of appreciation for the employee and thus falls outside the rigours of Section 17(3)(iii) of the Income Tax Act.
ITAT Quashes Penalty Notice Which Was Silent On Specification Of Charges
Case Title: M.A. Projects Private Limited Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the penalty notice, which was silent on the specification of charges.
The bench of Astha Chandra (a judicial member) and Shamim Yahya (an accountant member) has observed that no specification of charge in the penalty notice leads to the same becoming void, and the penalty on that count is to be deleted.
Expenditure Made On Ice Boxes Are Capital Expenditure: ITAT Upholds Disallowance Against Hindustan Coca-Cola Beverages
Case Title: M/s. Hindustan Coca-Cola Beverages Pvt. Ltd. Versus DCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the expenditure made on ice chests or ice boxes was made for acquiring or bringing into existence an asset for the enduring benefit of the business and was of the nature of capital expenditure.
ITAT Disallows Income Tax Deduction On Employees' Contribution To PF & ESI Beyond The Due Dates
Case Title: M/s. Salasar Balaji Vs. ACIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has disallowed income tax deduction on employees' contributions to PF and ESI beyond the due dates.
Adjustment Of Difference In Depreciation To The Profits Eligible For Income Tax Exemption: ITAT
Case Title: DCIT Versus M/s Zensar Technologies Ltd
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that adjustment of the difference in depreciation to the profits makes them eligible for income tax exemption.
AO Cannot Make Ad-Hoc Disallowance Of Expenses For Want Of Supporting For Each Expense, Without Pointing Defect In Vouchers: ITAT
Case Title: TPF Getinsa Euroestudios S.L. Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the AO cannot make an ad hoc disallowance of expenses for want of support for each expense, without pointing to defects in vouchers on a sample basis furnished by the assessee.
Non-Resident Shareholders Can't Take Benefit Of Lower Tax Rate Prescribed In DTAAs For Taxation Of Dividend Where DDT Is Applicable: ITAT
Case Title: Deputy Commissioner of Income Tax Versus Total Oil India Pvt. Ltd.
The Mumbai Special Bench of the Income Tax Appellate Tribunal (ITAT) has held that non-resident shareholders cannot take advantage of the lower tax rate prescribed in Double Tax Avoidance Agreements (DTAAs) for taxation of dividends where Dividend Distribution Tax (DDT) is applicable.
Without Corroborating Evidence, Addition Can't Be Made On The Basis Of A Declaration Made U/s 132(4) Of The Income Tax Act: ITAT
Case Title: Agrim Infraproject Private Limited Versus Deputy Commissioner of Income Tax
The Guwahati Bench of the Income Tax Appellate Tribunal (ITAT) has held that without corroborating evidence, an addition ought not to be made on the basis of a declaration made under Section 132(4) of the Income Tax Act.
Assessee Explained The Source Of The Excess Stock Found During The Course Of Survey: ITAT Deletes Addition
Case Title: M/s. Overseas Leathers Versus Deputy Commissioner of Income-tax
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee has explained the source of the excess stock found during the course of the survey.
Amount Declared As Turnover Can't Be Concealed Income: ITAT
Case Title: Raj Kumar Versus ITO
The Amritsar Bench of the Income Tax Appellate Tribunal (ITAT) has held that once the amount is declared as turn-over, it cannot be called concealed income and be taxed twice on the same amount.
Employee Remuneration, Legal Expenses, Board Meeting Expenses etc. , Can't Be Attributable To Interest From FDs: ITAT
Case Title: Avantha Consulting Services Ltd. Versus DCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT), while refusing to allow the income tax deduction, has held that employee remuneration, salary, legal expenses, board meeting expenses, and director sitting fees cannot be attributable to the interest earned from the fixed deposits.
Case Title: Shri Jain Shwetamber Murtipujak Sangh Versus ITO (Exemption)
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) refused to grant the exemption under Section 11 of the Income Tax Act on the grounds that the trust e-filed the "audit report" in Form 10B beyond the date.
Case Title: Deputy Commissioner of Income Tax Versus M/s. Kovai Medical Centre and Hospital Limited
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition made towards short deduction of TDS and held that the relationship between a Professional Doctor consultant and the Hospital cannot be treated as an Employer-Employee relationship unless there exist specific Rules and Provisions in the contract of appointment between the consultant and Hospital.
NLU-Delhi Is Not Engaged In Business: ITAT Quashes Income Tax Penalty
Case Title: National Law University Versus Additional/Joint/Deputy/Assistant Commissioner of Income Tax
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the penalty under Section 271B of the Income Tax Act on the grounds that the NLU-Delhi is not engaged in "business" and exists solely for educational purposes.
Case Title: M/s. Stewart Holl (India) Limited Versus Assistant Director of Income Tax
The Kolkata Bench of Income Tax Appellate Tribunal (ITAT) has held that the income of the assessee should be computed first after making the disallowance and whatever the resultant income only 40% of that income has to be treated as taxable income in terms of Rule 8(1) of the Income Tax Rules, 1962.
ITAT Allows Income Tax Deduction On Effluent Water Treatment
Case Title: Dy. Commissioner of Income Tax Vs. M/s. Viral Alkalis Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the income tax deduction on effluent water treatment.
Case Title: ACIT Versus Al Nasir Agro Foods
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition against the buffalo meat trader as the department has failed to prove sundry creditors to be bogus.
Additions Can't Be Made In Absence Of Incriminating Material: ITAT Deletes Income Tax Addition
Case Title: DCIT Versus Bhavya Pankaj Shah
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the additions could not have been made in the absence of any incriminating material.
Once The Existence Of Goodwill Is Established, Depreciation On Goodwill Cannot Be Questioned: ITAT
Case Title: Dy. Commissioner of Income Tax, Circle 2 Versus Blujay Solutions (India) Private Limited
The Hyderabad Bench of the Income Tax Appellate Tribunal (CESTAT) has held that once the existence of goodwill is established, depreciation on goodwill cannot be questioned.
Case Title: Dy. Commissioner of Income Tax Versus M/s. Pravardhan Seeds Pvt. Ltd.
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that when agricultural activity is conducted and seeds are produced, merely because the seeds were sold commercially, the basic agricultural operations also cannot be dubbed "commercial activities" and not 'agricultural activities'.
ITAT Deletes Income Tax Addition Towards ESOP
Case Title: Unilever India Exports Limited Versus ACIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the income tax addition towards ESOP.
Case Title: Anilkumar Champalal Jain Versus ITO
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has imposed a fine of Rs. 2000 for being delinquent and lethargic in pursuing the matter before the tax authorities.
Case Title: DCIT Versus M/s. Parshwa Associates
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that an AO cannot make additions merely on the basis of a statement without corroborating it with any other material.
Case Title: Ballabh Prasad Aggarwal Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the income tax addition on account of long-term capital gains on the purported, notional, and fictitious sale of jewellery.
Mere Payment By Account Payee Cheque Is Not Sacrosanct : ITAT Disallows Exemption On Penny Stock
Case Title: Sangeeta Devi Jhunjhunwala Versus ITO
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that mere payment by account payee check is not sacrosanct, nor can it make a non-genuine transaction genuine.
Case Title: Manila Sahayak Gruh Udyogsaha Versus Asstt. Commissioner of Income Tax Anand Circle, Anand
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the income tax deduction under Section 80P(2)(d) of the Income Tax Act on the grounds that cooperative banks are also registered cooperative societies.
Case Title: Sh. Nirmal Kumar Minda Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition and held that it is customary amongst married women to keep on changing the jewellery as and when new designs come on the market.
Case Title: Shri Devkripa Textile Mills (P) Ltd. Versus ACIT
The Jodhpur bench of the Income Tax Appellate Tribunal (ITAT) has held that there is no requirement for disallowing part of the director's remuneration and depreciation when the business is stopped due to a temporary lull.
ITAT Allows Income Tax Deduction On The Interest Income Received From The Co-Operative Bank
Case Title: Oberoi Spring Co–operative Versus Income Tax Officer
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the income tax deduction under Section 80P(2)(d) of the Income Tax Act on the entire amount of interest income received from the Co-operative Bank.
Section 14A Disallowance Cannot Be More Than Exempted Income: ITAT
Case Title: Royal Twinkle Star Club Pvt. Ltd. Versus Dy. Commissioner of Income Tax
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that section 14A disallowance cannot be more than exempted income.
Case Title: DCIT Vs Sylvannus Builders and Developers Ltd.
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT), while upholding the addition, has held that A.O. without rejection of books of accounts under Section 145 but estimated the income based on the Profit Margin Method.
Case Title: Sh. Pradeep Sawhney Versus ITO
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has observed that the department can bring expenditures incurred in earlier years to be taxed in subsequent years on grounds of bogus expenditure.
Case Title: The Board of Control for Cricket in India Versus Dy. Commissioner of Income Tax
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has held that payment of compensation to Cricket South Africa (CSA) under the Termination Agreement is not taxable under the provisions of the India-South Africa DTAA.
Case Title: Integra Engineering India Ltd Versus Asstt. Commissioner of Income-tax
The Ahmedabad bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition and held that any adjustment for bad and doubtful debts amounts to actual writing off the bad debts.
Case Title: DCIT Versus Shri Basant R. Agarwal
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that there cannot be any addition of the regular items that were disclosed by the assessee in the regular books of accounts.
ITAT Deletes Disallowance On Ocean Freight Charges Paid To Korean AE
Case Title: Doosan Power Systems India Pvt. Ltd. Versus The JCIT / DCIT
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the disallowance of ocean freight charges paid to Korean-associated enterprises (AE).
No Tax Can Be Levied On The Principle Of Estoppels: ITAT
Case Title: Cornet Hotel Services & Suppliers Pvt. Ltd. Versus DCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that no tax can be levied on the principle of estoppel. Just because the Assessee has shown the receipt or income in the wrong head does not make him liable for tax.
Compensation Paid By Builder For Delay In Handing Over Possession Of Flat Is Part Of Work-In-Progress: ITAT Allows Deduction
Case Title: Jayant Hari Mulay vs. DCIT
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that compensation paid by a builder for the delay in handing over possession of a flat should be considered part of work-in-progress. As a result, the ITAT allowed the deduction of the compensation.
Capital Gain Exemption Allowable On Construction Of Residential House Completed Within 3 Years: ITAT
Case Title Hemant Shridhar Phatak Vs. The Asst. Commissioner of Income Tax
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT), has held that the claim of capital gain exemption under Section 54 of the Income Tax Act, 1961 on construction of residential house completed within 3 years is allowed and removed the penalty levied under Section 271(1)(c) of the Income Tax Act.
Payment Made For Acquiring Membership In A Social Club Can't Be Allowed As Business Expenditure: ITAT
Case Title: BalrajsinghJagjitsingh Versus ADIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that payments made for acquiring membership in a social club could not be allowed as business expenditure when there was no evidence to prove that membership in the social club was acquired for entertaining customers by the assessee.
Foreign Assignment Allowance Received For The Services Rendered Outside India Can't Be Taxed In India: ITAT
Case Title: Tadimarri Prasanth Reddy Versus ITO
The Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that foreign assignment allowance received by the assessee for services rendered outside India could not be taxed in India.
Business Model Explains Mismatch Between Form 26AS And Actual Income: ITAT
Case Title: DCIT Versus M/s Connect Residuary Pvt. Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition on the grounds that the business model explains the mismatch between Form 26AS and actual income.
Bank Guarantee Rates Cannot Be Considered For Benchmarking Corporate Guarantee Fee: ITAT
Case Title: Crayon Group AS Versus ACIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that bank guarantee rates cannot be considered for benchmarking corporate guarantee fees.
ITAT Disallows Interest Paid On Loan Taken For Paying Compensation To Family Members Pursuant To Arbitral Award On Family Settlement
Case Title: Sanjay Atchut Poy Raiturcar Versus ITO
The Panaji Bench of the Income Tax Appellate Tribunal (ITAT) has disallowed the interest paid on a loan that was taken for paying compensation to the assessee's family members pursuant to an arbitral award on family settlement.
ITAT Upholds Interest On 'Outstanding Interest Receivable' Against Parle Biscuits
Case Title: Parle Biscuits Private Limited Versus Assessment Unit
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has upheld the levy of interest on 'outstanding interest receivable' against Parle Biscuits.
Plastic Waste Management Falls Under Preservation Of Environment: ITAT Allows Income Tax Exemption
Case Title: Punjab Plastic Waste Management Society Versus CIT(E)
The Chandigarh Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the Income Tax exemption for the Punjab Plastic Waste Management Society and observed that plastic waste management falls under the preservation of the environment.
Passing Of Project Specific Architectural Drawings And Design With Measurement Doesn't Amount To 'Make Available' Technical Knowledge: ITAT
Case Title: Michael Graves Design Versus DCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the mere passing of project-specific architectural drawings and designs with measurements did not amount to making available technical knowledge, know-how, or processes.
ITAT Upholds Addition On Account Of Unexplained Cash Deposit Made During Demonetisation
Case Title: Shri Karthick Natarajan Versus DCIT
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT), while rejecting the plea of the assessee for cash received in marriage, upheld the addition on account of an unexplained cash deposit made during demonetisation.
No specific ICDS, ITAT Disallows Deduction On Marketing & Sales Expenses To Real Estate Developer
Case Title: Bengal Peerless Housing Development Company Limited Versus Deputy Commissioner of Income Tax
The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) has disallowed the deduction of marketing and sales expenses accumulated in work-in-progress as per accounting standards and revenue recognition policy.
ITAT Deletes Addition On Security Deposits From Distributors/Retailers Against Coca Cola Bottles
Case Title: Hindustan Coca-Cola Beverages Pvt. Ltd Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition against Hindustan Coca-Cola Beverages on the Security Deposits made by distributors and retailers against Coca-Cola bottles.
District Mining Officer Liable To Collect TCS On Compounding Fee Received From Illegal Miners: ITAT
Case Title: District Mining Officer Versus The Deputy Commissioner of Income Tax (TDS) Raipur (C.G)
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee, the District Mining Officer, is liable to collect tax at source on the compounding fee received from illegal miners even in the absence of a valid lease or licence of mines.
PCIT Can't Initiate Revision Proceedings When CIT (A) Has Already Disposed Of The Appeal: ITAT
Case Title: Late, Dipankar Mohan Ghosh Versus CIT(IT)
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the revision order passed by the PCIT as the CIT (A) had already disposed of the appeal.
Case Title: Amazon Web Services Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that cloud computing services provided by Amazon Web Services cannot be held liable to tax in India as royalty and fee for technical or included services (FTS/FIS).
Treatment Of Shares In Books Of Accounts Determines Taxation, JM Financial's Set-off Not Colourable Device: ITAT
Case Title: M/s J.M. Financial Ltd. Versus DCIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the treatment of shares in books of accounts determines taxation under capital gain or business income, and the method adopted for arriving at the sale consideration does not determine the nature of the transaction.
Section 68 Of The Income Tax Act Is Not Applicable On Share Premium: ITAT
Case Title: Hiranandani Healthcare Private Limited Versus CIT (A)
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that Section 68 of the Income Tax Act, which relates to the taxability of unexplained cash credits, is not applicable to share premiums.
ITAT Quashes Income Tax Addition In Respect Of Immovable Property Warranting Revision By The PCIT
Case Title: Vikram Bajaj Versus PCIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the income tax addition in respect of immovable property, warranting revision by the PCIT.
Income Would Accrue Only When The Assessee Gets A Right To Receive The Income: ITAT
Case Title: Mahalasa Exports Versus ITO
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income would be receivable only when the income accrues to the assessee, and the income would accrue to the assessee only when the assessee gets such a right to receive the income.
ITAT Imposes Cost Of Rs.10K On Foreign Portfolio Investor For Not Responding To Section 142(1) Notices
Case Title: Hunt International Investments LLC Versus DCIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has imposed a cost of Rs.10,000 on a foreign portfolio investor (FPI) for not responding to notices under Section 142(1) of the Income Tax Act.
Defects In Statement Of Reportable Account Rectified Within The Time Limit: ITAT Deletes Penalty
Case Title: KEB Hana Bank Versus Joint Director of Income Tax
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the penalty as the defects in the statement of the reportable account were rectified within the time limit.
For Computing Holding Period For Capital Gain The Period To Be Taken From Date Of Allotment Of The Flat: ITAT
Case Title: DCIT Versus Narendra Gehlaut
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that for computing the holding period for capital gain, the period is to be taken from the date of allotment of the flat.
ITAT Allows Capital Gains Exemption To NSE Investor Under India-Mauritius Tax Treaty
Case Title: Saif Ii-Se Investments Mauritius Limited Versus Assistant Commissioner Of Income Tax
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has allowed the capital gains exemption to NSE investors under the India-Mauritius tax treaty.
AO Bound To Grant Advance Tax Credit That Was Left By The Taxpayer: ITAT
Case Title: Damco India Pvt. Ltd. Versus CIT(A)
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the AO is bound to grant the credit of advance tax that was left by the taxpayer
Licence Fee Received By Cricket Australia For Live And Non-Live Transmissions Rights Can't Be Taxed As Royalty: ITAT
Case Title: Cricket Australia Versus ACIT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that Cricket Australia is not liable to pay 'royalty' on licence fees received for live and non-live transmission rights.
Employee Stock Option Expenses Revenue In Nature: ITAT Deletes Disallowance Against Cleartrip
Case Title: Cleartrip Private Limited Versus DCIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that employee stock option expenses are revenue in nature.
Assessment Invalid On Account Of A Mechanical Non-Speaking Approval Under Section 153D: ITAT
Case Title: Vrushali Sanjay Shinde Versus DCIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that assessment invalid on account of a mechanical non-speaking approval under Section 153D of the Income Tax Act.
Issuance Of Bonus Shares Does Not Amount To Transfer Of Property And Does Not Attract Section 56(2)(vii)(c): ITAT
Case Title: DCIT Versus Aruna Chandhok
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that in the issue of bonus shares, the money remains with the company and nothing comes to the shareholders as there is no transfer of the property and the provisions of Section 56(2)(vii)(c) of the Income Tax Act.
TDS Not Required To Be Deducted At The Time Of Grant Of ESOP: ITAT
Case Title: DCIT Versus Total Energies Marketing India Pvt. Ltd.
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that TDS is not required to be deducted at the time of grant of an employee stock ownership plan (ESOP).
TNMM Should Be Applied In Respect Of International Transaction Of `Sale Of Finished Goods': ITAT
Case Title: DCIT Versus M/s. Ampacet Speciality Products Private Limited
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that the Transactional Net Margin Method (TNMM) should be applied in respect of international transactions of `Sale of finished goods'.
'Non-Cooperative Attitude' Cannot Be The Basis Of Imposing Penalty: ITAT
Case Title: Alankit Imaginations Ltd. Versus DCIT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that a 'non-cooperative attitude' as such in itself cannot be the basis for imposing penalties without specifically bringing on record the specific notices and their specific non-compliances.
Payment To UK-Based Company For Preparing Candidate Written Report By CAE Simulation Training Is Not A Royalty: ITAT
Case Title: CAE Simulation Training P. Ltd. Versus DCIT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that payment to a UK-based company for preparing candidate written reports by CAE Simulation Training is not a royalty.
Capital Gain Exemption Not Available For A Residential House Purchased Abroad After April 1, 2015: ITAT
Case Title: Khalid Sayed Versus Centralized Processing Centre
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that capital gain exemption is not available for a residential house purchased abroad after April 1, 2015.
AO Can't Ask Assessee To Prove Non-Occurring Of An Event, ITAT Deletes Income Tax Addition Worth Rs. 2 Crores
Case Title: ITO versus Gammon Construction Pvt. Ltd.
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted the income tax addition worth Rs. 2 crores and held that the AO cannot ask the assessee to prove the non-occurring of an event.
ITAT Directs Dept. To Allow Interest Paid On Borrowings Against FD Income If Reasonable Link Exists
Case Title: D D & Co. Versus Asst. Commissioner of Income-tax
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT), while remanding the matter back to the department, held that the interest paid on borrowings is allowable against FD income if any reasonable link exists.
Interconnectivity Utility Charges Can't Be Taxed As Royalty Under India-Austria Tax Treaty: ITAT
Case Title: M/s. Al Telekom Austria Versus The Deputy Commissioner of Income Tax
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that interconnectivity utility charges (IUC) cannot be taxed as royalty under the India-Austria Double Taxation Avoidance Treaty (DTAA).
No Income Tax Payable On Bonus Shares Under The Head 'Income From Other Sources': ITAT
Case Title: DCIT Versus Smt Aruna Chandhok
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that income tax is not chargeable on bonus shares under the heading 'income from other sources'.
Case Title: Naresh Manakchand Jain Versus ACIT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has directed the AO to share information on all persons allegedly involved in the racket of money laundering.
Fee Paid By TCS Towards The Brand To Tata And Sons Ltd. Is Not Capital In Nature, Royalty Not Chargeable: ITAT
Case Title: Tata Consultancy Services Versus DCIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the fee paid by the assessee, Tata Consultancy Services (TCS), towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee.
There Can Be No Protective Addition In Absence Of Substantive Addition: ITAT
Case Title: Kanav Metals Versus ITO
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has held that protective addition presupposes the existence of substantive additions; there can be no protective addition in the absence of substantive addition.
Presumptive Taxation, Income From Profession Can't Be In Absence Of Notified Professional Qualification: ITAT
Case Title: Shri Vishnu Dattatraya Ponkshe Versus Central Processing Centre
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has held that income from professions against which TDS is deducted cannot be taxed at 50% in the absence of notified professional qualification.
Bogus Capital Gain By Sale Of Shares, Assessee Not A Beneficiary, ITAT Deletes Addition
Case Title: Deputy Commissioner of Income Tax Versus Shri Rajnikant Prabhudas Mandavia
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition on account of bogus capital gain by the sale of shares of a penny stock company in the absence of incriminating material.
ITAT Excludes Infosys From The List Of Comparables Under Software Development Services Segment
Case Title: Addl. CIT Versus Avaya India Pvt. Ltd.
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) has upheld the exclusion of Infosys from the list of comparables under the software development services segment.
Income With Respect To Contribution Received From Recognized Stock Exchange Is Eligible For Section 10 (23EC) Exemption: ITAT
Case Title: Income Tax Officer Versus NCDEX Investor (Client) Protection Fund Trust
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the income of the assessee with respect to contributions received from recognized stock exchanges and the members thereof is eligible for exemption under Section 10 (23EC) of the Income Tax Act.
Freight Inward Charges Are Part And Parcel Of Purchase Of Goods, TDS Not Deductible: ITAT
Case Title: Kalpesh Ganpatlal Patel Versus ITO
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has observed that freight inward charges were part and parcel of the purchase of the goods. It is settled law that the provisions of the TDS cannot be attracted to the transaction of the purchase and sale of the goods.
ITAT Deletes Penalty Of Rs.132 Cr. For Misreported Income Against Jaypee Cement
Case Title: M/s. Jaypee Cement Corporation Ltd. Versus ACIT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has deleted the penalty of Rs. 132 crore for misreported income against the assessee, Jaypee Cement.
Deemed Dividend Is Taxable Only In The Hands Of The Shareholder: ITAT
Case Title: ACIT versus Kiran Ship Breaking Company
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that a deemed dividend is taxable only in the hands of the shareholder.
ITAT Allows Income Tax Deduction On Interest Income From Investment In Co-Operative Bank
Case Title: M/s. Kangayam Primary Agricultural Co-operative Credit Society Versus ITO
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 80P(2)(d) of the Income Tax Act on the interest income from investments in cooperative banks.
Income From Nursery Activities Of Growing Various Types Of Lawns, Flower Plants And Vegetable Plants Is Agricultural In Nature: ITAT
Case Title: Talshibhai B Narola Versus The Income Tax Officer
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that income from nursery activities such as growing various types of lawns, flower plants, and vegetable plants is agricultural in nature.
Assessee Resorts To Colourable Devices, Sham Transactions To Defraud Dept: ITAT
Case Title: Manoj Anand Versus ACIT
The Panaji Bench of Income Tax Appellate Tribunal (ITAT) has held that the assessee had resorted to colourable devices and sham transactions in order to defraud the Department by camouflaging its unaccounted income so that ultimately, the tax could be evaded.
ALP Of The ESOP Expenses Cannot Be Taken As 'Nil': ITAT
Case Title: Booking.Com India Support & Marketing Services Private Limited Versus DCIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the arm's-length price (ALP) of the employee stock option plan (ESOP) expenses cannot be taken as 'Nil'.
ITAT Confirms Addition Of Expenses Incurred On Brand Reminders, Customer Gifts For Doctor
Case Title: ACIT Versus M/s Pfizer Limited
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has confirmed the addition towards expenses incurred on brand reminders, customer gifts, and the purchase of medical books and journals for doctors.
No Basis Of Allocation Or Actual Cost Incurred For Affiliates: ITAT Confirms Additions For Cost Reimbursement As FTS
Case Title: Kraft Foods Group Brands Versus ACIT (International Taxation)
The Mumbai Bench of Income Tax Appellate Tribunal, while confirming the additions for cost reimbursement as fees for technical services (FTS), noted that the assessee had no basis of allocation or actual cost incurred for affiliates.
Tax Not Payable On Interest Accrued On FD Which Is Subject To CBI's Prohibitory Order: ITAT
Case Title: M/s. Bellary Iron-Ores Pvt. Ltd. Versus ITO
The Bangalore bench of the Income Tax Appellate Tribunal (ITAT) has held that tax is not payable on interest accrued on FD, which is subject to the CBI's prohibitory order.
Income Received By UK Telecom Company From Indian Telecom Company For Rendering Roaming Services To Customers Abroad Is Not 'Royalty': ITAT
Case Title: M/s. Telefonica UK Limited Versus DCIT
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that income received by a UK telecom company from an Indian telecom company for rendering roaming services to customers abroad is not 'royalty'.
Output VAT Refund Received By Hyundai Motor Towards Investment Promotion Subsidy Is Non-Taxable Capital Receipt: ITAT
Case Title: M/s. Hyundai Motor India Ltd. Versus ACIT
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has held that the output VAT refund received by Hyundai Motor towards investment promotion subsidy is a non-taxable capital receipt.
Bona Fide Non-Offering Of Interest On Income Tax Refund While Filing ITR Does Not Amount To Under-Reporting Of Income: ITAT
Case Title: Kavita Jasjit Singh Versus Commissioner of Income Tax (Appeals)
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the explanation of the assessee for not offering the interest on income tax refund while filing its return of income is bona fide.
ITAT Deletes Addition On Cash Deposit During Demonetisation On Account Of Sale Of Petrol, Diesel And Other Petroleum Products
Case Title: ITO Versus M/s. Ashapura Petrochem Marketing Pvt. Ltd.
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has deleted the addition of cash deposits during demonetisation on account of the sale of petrol, diesel, and other petroleum products.
PCIT Precluded From Initiating Proceedings Based On Document Not Forming Part Of Any Proceedings: ITAT
Case Title: M/s. Visu Casement Pvt. Ltd. Versus PCIT
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that the basis to initiate the proceedings under Section 263 of the Income Tax Act by the PCIT is misplaced as it was based on the document, which was not forming part of any proceedings.
Long-Term Capital Gain Can't Be Claimed Without Owning Flats for At Least 3 years: ITAT
Case Title: Smt. Madhu Devi Versus ITO
The Hyderabad Bench of Income Tax Appellate Tribunal (ITAT) has held that long-term capital gain cannot be claimed without owning flats for at least 3 years.
