ITAT Judgments articles

Recent case laws applicable to NGOs / Charitable Trusts

[2015] 55 255 (SC) SUPREME COURT OF INDIA Queen’s Educational Society v. Commissioner of Income-tax *In favour of assessee Where a surplus was made by educational institution which was ploughed back for educational purposes, said institution was to be held to be existed solely for educational purpose and not for purpose ...

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Posted Under: Income Tax |

Compilation of recent important Income-tax Rulings 2016

Sec 194J TDS inapplicable on payments in kind, allows relief to SRK company [Red Chillies Entertainment Pvt. Ltd - ITA No.5271/Mum/2013 (Mum)]: Mumbai ITAT deletes expense disallowance u/s 40(a)(ia) in case of Red Chillies Entertainment Pvt. Ltd. for AY 2010-11, holds no Sec 194J TDS for payments made in kind to actors; Relies on SC ru...

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Posted Under: Income Tax |

Assessee not obliged to provide a facility for conducting survey unless asked for

ITAT Amritsar Bench in an interesting decision of Smt. Kailash Devi ITA 347/ASR/ 2015 pronounced on 05-04-2016 on conduct of survey had an occasion to ponder over the obligations cast upon Income Tax Authorities under the law. Often assessee and income tax authorities are at logger-heads for assessee not acting as “required” but befor...

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Posted Under: Income Tax |

Clash of titans, sec 192 Vs sec 206AA

Rashtriya Ispat Nigam Ltd. Vs Addl CIT (TDS), (ITAT Visakhapatnam)

Rashtriya Ispat Nigam Ltd. v. Addl CIT (TDS), ITAT Visakhapatnam) Even if there is no PAN, if the deductor has deducted TDS as per provisions of sec 192, Section 206AA does not over-ride section 192 in terms of the requirement of “at the rates specified in the relevant provisions of the Act....

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Can ITAT decide on stay of demand without having quantum appeal before it?

Employees Provident Fund Organization Vs Addl. CIT (T.D.S)

One precedence is there whereby a person aggrieved by the disposal of application for stay of demand can approach ITAT instead of writ to HC. Delhi ITAT has, in the case of Employees’ Provident Fund Vs. Addl. CIT (T.D.S) dated 10.04.2015 has admitted the appeal and has granted a stay on such demand when quantum appeal is not pending be...

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Bogus Purchases: Addition solely based on sales-tax dept. info not sustainable

Hiralal Chunilal Jain Vs ITO (ITAT Mumbai)

ITAT Mumbai held in the case of Hiralal Chunilal Jain vs. ITO that addition for alleged Bogus Purchase not sustainable as AO had made the addition solely on the basis of information received from the Sales tax department without making any independent inquiry or following the principles of natural justice before making the addition. ...

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Assessee held shares under investment in books, AO in absence of anything contrary can’t held investment as trading

In the case of Shri Vishal Dipak Shah Vs. Addl. CIT Mumbai Bench of ITAT held that Principle of Res judicata does not apply to the income-tax proceedings as each assessment year is a separate and self-contained assessment year. Therefore, the plea of the appellant that he should be allowed a relief on the same lines as he was allowed in t...

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Posted Under: Income Tax |

Receipts on account of acquisition and processing of seismic data shall be taxed U/s. 44BB

ADIT, International Taxation, vs. M/s. Fugro Geoteam AS (ITAT Delhi) Assessee had offered gross receipts from the said contracts with M/s. ONGC Limited and M/s Petrogas E&P LLC and had applied provisions of 44BB thereon and computed income at DPR of 10%....

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Posted Under: Income Tax |

Law relating to deductibility of expenses in Contractual and Statutory liability

Special Bench presided by ITAT President Mr. DD Sud in the case of National Agriculture Co-operative ITA 1999 & 2000/Del/2008 pronounced on 16-10-2015 has touched and dealt at length the issues of deductibility of expenses in case of Contractual ...

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Posted Under: Income Tax |

Forward contract loss from hedging for foreign exchange fluctuation is allowable deduction

ACIT Vs M/s Venus Jewel (ITAT Mumbai)

ITAT Mumbai has held in the case of ACIT vs. M/s Venus Jewel that Loss on account of forward contract entered into by the assessee to hedge against the loss arising on account of fluctuations in foreign exchange is an allowable deduction....

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