Delay in filing Appeal due to sufficient cause can be Condoned on Grounds of Reasonable Cause: Gujarat HC
Lavjibhai Swaroopchand Mehta (CA/1544/2021) Facts:The applicant revenue has contended that order of the Income Tax Appellate Tribunal (for short ‘ITAT’) was received on 30.07.2018 and a rectification application came to be filed on 14.02.2019 which was dismissed by ITAT as …
India-UK agree to exchange experiences and best practices in areas of working of commercial courts, and ADR mechanisms like arbitration and mediation
During the recent meeting of India-UK Joint Consultative Committee (JCC), a broad agreement was reached to facilitate exchange of experiences and best practices in the area of working of commercial courts, alternate dispute resolution mechanisms like arbitration and mediation, use …
Promotion of e-Lok Adalat
Steps taken by Legal Services Authorities to promote e-Lok Adalats include – Standard Operating Procedure for conduct of e-Lok Adalat, Technical training through System officers to the Court Staff, Whatsapp groups for litigants, advocates and respondents for conveying them relevant …
e-Court Mission Mode Project
As part of the National eGovernance Plan, the eCourt project is an integrated Mission Mode Project under implementation since 2007 for ICT development of the Indian Judiciary based on the “National Policy and Action Plan for Implementation of Information and …
PRESS COMMUNIQUE
In exercise of the power conferred by clause (l) of Article 217 and clause (1) of Article 224 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to appoint Judges/Additional Judges of …
There is Difference Between ‘Contract Of Work’ And ‘Contract Of Service’: ITAT Kolkata
In the case of ITO vs. Emami Paper Mills Ltd, ITAT Kolkata has held that: There is a difference between ‘Contract of work and ‘Contract of service’. The two words convey different ideas. In the ‘Contract of work’ the activity …
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Section 206AA Does Not Have Overriding Effect Over Other Provisions Of The Act: ITAT Hyderabad
In the case of Nagarjuna Fertilizers and Chemicals Limited vs. ACIT, ITAT Hyderabad (Special Bench) has held that: In view of the above discussion, we are of the view that the provisions of section 206AA of the Act will not …
Penalty Cannot Be Levied If Omission And Wrong Claim Was By Oversight And Auditors Did Not Point It Out: ITAT Mumbai
In the case of Wadhwa Estate & Developers India Pvt. Ltd vs. ACIT, ITAT Mumbai has held that: Undisputedly, in the return of income assessee has failed to offer interest on fixed deposit amounting to Rs 5,92,186 and loss claimed …
CIT(A) Has No Power To Enhance New Source Of Income Neither Discussed in Assessment Order Nor Mentioned in ITR: ITAT Pune
In the case of Ram Infrastructure Ltd vs. JCIT, ITAT Pune has held that: It is well settled law laid down by the Hon’ble Apex Court in Commissioner of Income Tax Vs. Shapoorji Pallonji Mistry, 44 ITR 891 (SC) and …
Income Which is Not Chargeable Under Specific Provisions Of Articles 6 to 21 Cannot Be Taxed Under Residuary Provision: ITAT Chennai
In the case of DCIT vs. Ford India Limited, ITAT Chennai has held that: An income is of such a nature as, on satisfaction of conditions specified in the related provision, could be taxed under any of these specific treaty …
Loose Papers Which Do Not Have Full Details Are “Dumb Documents” And Have No Evidentiary Value: ITAT Ahmedabad
In the case of Nishant Construction Pvt. Ltd vs. ACIT, ITAT Ahmedabad has held that: The AO has no power to disturb the sale price shown except in three cases. The first is under Section 145 of the Act. Where …
Disallowance Has To Be Made Even in Respect Of Securities Held As Stock-in-Trade By Assessee: ITAT Kolkata
In the case of Kalyani Barter (P) Ltd vs. ITO, ITAT Kolkata has held that: The object of section 14A is to disallow the direct and indirect expenditure incurred in relation to income which does not form part of the …
The Onus is On Assessee To Establish Justification For Clubbing The Transactions: ITAT Bangalore
In the case of Kaypee Electronics & Associates Pvt. Ltd vs. DCIT, ITAT Bangalore has held that: The only issue that arises for consideration before us is whether the TPO was justified in making the ALP adjustment in respect of …
There is Distinction Between “Lack Of Enquiry” And “Inadequate Enquiry”: ITAT Mumbai
In the case of Small Wonder Industries vs. CIT, ITAT Mumbai has held that: We are of the view, that there is a distinction between “lack of enquiry” and “inadequate enquiry”. In the present case the Assessing Officer collected necessary …
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“On Money” Received By Assessee For Sale Of Agricultural Land Has To Be Treated As “Agricultural Income” If Assessee Has No Other Source For Receipt: ITAT Cochin
In the case of ITO vs. Abraham Varghese Charuvil, ITAT Cochin has held that: The payment of on-money is an unfortunate practice in most part of our country, and none can deny this factual situation. It is the case of …
Bogus Purchases Cannot Be Assessed As ‘Unexplained Expenditure’ If Transactions Are Duly Disclosed And Payments Are Through Banks: ITAT Mumbai
In the case of Earthmoving Equipment Service Corporation vs. DCIT, ITAT Mumbai has held that: Section 69C could not be applied to the facts of the case as the payments were through banking channels which were duly reflected in the …
Penalty Proceedings Are “Quasi-Criminal” And Ought To Comply With Principles Of Natural Justice: ITAT Mumbai
In the case of Meherjee Cassinath Holdings Pvt. Ltd vs. ACIT, ITAT Mumbai has held that: Apart from the aforesaid discussion, we may also refer to the one more seminal feature of this case which would demonstrate the importance of …
Gift Received From HUF By A Member Of HUF is Exempt From Tax: ITAT Mumbai
In the case of DCIT vs. Ateev V. Gala, ITAT Mumbai has held that: From a plain reading of section 56(2)(vi) along with the Explanation to that section and on understanding the intention of the legislature from the section, we …
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AO Has To Make Independent Inquiry To Treat Purchases As Bogus: ITAT Mumbai
In the case of Geolife Organics vs. ACIT, ITAT Mumbai has held that: It is evident from the assessment order that on the basis of information obtained from the Sales Tax Department, Assessing Officer issued notices under section 133(6). As …
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A Trust is Eligible For Section 54F Deduction: ITAT Mumbai
In the case of Balgopal Trust vs. ACIT, ITAT Mumbai has held that: The issue is as to whether the assessee trust, which is for the sole benefit of an individual, will be entitled to deduction u/s. 54F or not, …
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Penalty For Delay in Filing TDS Returns Cannot Be Levied If Delay Was Due To Requirement To Collect PAN Of Payees: ITAT Jaipur
In the case of Argus Golden Trades India Ltd vs. JCIT, ITAT Jaipur has held that: The assessee has submitted that since there were large number of deductees scattered throughout the country, a fact not disputed by the Revenue, it …
Penalty Cannot Be Levied Unless There is “Evidence Beyond Doubt” That There Was Concealment Of Particulars Of Income Or Furnishing Inaccurate Particulars Thereof: ITAT Delhi
In the case of DDIT vs. Metapath Software International Ltd, ITAT Delhi has held that: It is an well established proposition of law that being penal in nature, the provisions of section 271(1)(c) of the Act are invoked only when …
Period Of Limitation For Rectification Application is Six Months From End Of Month in Which “Order is Passed”: ITAT Hyderabad
In the case of Srinivas Sashidhar Chaganty vs. ITO, ITAT Hyderabad has held that: Section 254(2) of the Act refers to the period of limitation reckoning from the end of the month in which the order Is passed’ and not …
Amounts Paid By Way Of Reimbursement Of Expenses Do Not Constitute Income in The Hands Of Recipient: ITAT Cochin
In the case of ACIT vs. St. Mary’s Rubbers Private Ltd, ITAT Cochin has held that: The Tribunal, while giving the above decision, had also considered the effect of CBDT Circular No.715 dated 08.08.1995 and also ruled that the said …
Section 69C Cannot Be Applied Where All Purchase And Sales Transactions Are Part Of Regular Books Of Accounts: ITAT Mumbai
In the case of M/s. Fancy Wear vs. ITO, ITAT Mumbai has held that: The AO or the FAA have not rejected the books of accounts of the assessee nor have doubted the purchases made by it. The recognised principles …
“Concealment Of Particulars Of Income” And “Furnishing Of Inaccurate Particulars Of Income” Are Different Terms: ITAT Mumbai
In the case of Orbit Enterprises vs. ITO, ITAT Mumbai has held that: Notably, Sec. 292BB of the Act has been inserted w.e.f. 01.04.2008 and is understood basically as a rule of evidence. The implication of Sec. 292BB of the …
No Addition Can Be Made in Absence Of Direct Evidence Showing Assessee Received Cash Payment: ITAT Mumbai
In the case of ACIT vs. Katrina (Kaif) Rosemary Turcotte, ITAT Mumbai has held that: The Assessing Officer has not brought on record any clinching evidence on the basis of any enquiry made by him to demonstrate that the assessee …
Petitioner/Plaintiff Is The ‘Dominus Litis’ And It Is Open To Him To Pursue Or Abandon His Case: ITAT Mumbai
In the case of M/s Sainath Enterprises vs. ACIT, ITAT Mumbai has held that: The Petitioner/ Plaintiff is the ‘dominus litis’ and it is open to him to pursue or abandon his case. Withdrawal cannot be denied except when the …
The scheme Of Income Tax Act is To Assess Real Income And Not Hypothetical Income: ITAT Mumbai
In the case of Late Shri Gordhandas S. Garodia vs. DCIT, ITAT Mumbai has held that: The expression “full value of consideration received or accruing” would mean the amount actually received by the assessee or consideration which has accrued to …
Common Area Maintenance Charges And Non-Occupancy Charges Paid to Society Are Deductible: ITAT Mumbai
In the case of DCIT vs. Yogen D. Sanghvi, ITAT Mumbai has held that: What section 22 attempts to assess is the annual value of the property consisting of any building or land appurtenant thereto, of which the appellant is …
CIT(A) Has To Apply His Own Independent Mind in Facts And Circumstances Of Case: Telangana High Court
In the case of APR Jewellers Private Limited vs CIT(A) and ITO, the Telangana High Court has held that: Supreme Court in Principal Commissioner of Income Tax vs. L.G. Electronics India Private Ltd, observed that an administrative circular would not …
No new show cause notices to small taxpayers: CBDT tells officials
The Central Board of Direct Taxes (CBDT) issued on Wednesday extensive guidelines for implementing a Supreme Court (SC) order in reassessment cases. The court had early this month ruled that the thousands of show cause notices the Income Tax department had issued under a …
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No Disallowance Can Be Made For Cash Payments If Transaction is Genuine And Identity Of Payee is Known: ITAT Jaipur
In the case of M/s A Daga Royal Arts vs. ITO, ITAT Jaipur has held that: Citation: Section 40A(3) Rule 6DD: No disallowance can be made for cash payments if the transaction is genuine and the identity of the payee …
Disallowance u/s 14A & Rule 8D Has To Be Made Even If Assessee Not Earned Any Tax-Free Income On Investment: ITAT Amritsar
In the case of Lally Motors India (P.) Ltd vs. PCIT, ITAT Amritsar has held that: Citation: Disallowance u/s 14A & Rule 8D has to be made even if the assessee has not earned any tax-free income on the investment. …
ITAT Agra’s Landmark Judgement On ESI/ PF Disallowance
In various cases, ITAT Agra has held that: Having gone through the Orders of the Co-ordinate Bench of Tribunal allowing the delayed payment pertaining to employees contribution, Orders of the Co-ordinate Bench of Tribunal disallowing the delayed payment pertaining to …
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