CESTAT Delhi held that unless payment has been made for an independent activity of tolerating an act under an independent arrangement entered into for such activity or tolerating an act, such payment will not constitute ‘consideration’ and such activities will not constitute ‘supply’.
ITAT Kolkata held that addition towards difference between figure of gross receipts reported and figure reported in Form 26AS is unsustainable as the difference is merely because figure reported in Form 26AS was inclusive of service tax component.
ITAT Pune held that clause (c) of section 200A(1) was inserted by the Finance Act, 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act. Accordingly, levy of fee u/s. 234E is imposable only from 01/06/2015 and not prior to that.
ITAT Mumbai held that reassessment proceedings u/s 148 within limitation period specified under section 149(1) of the Income Tax Act is valid and sustainable in law.
ITAT Ahmedabad has ruled that a penalty under section 271(1)(c) is not applicable when an assessee doesn’t furnish inaccurate income details. This ruling was made in the case of Khanpur Vibhag Madhyamik Shala Karmchari Dhiran & Grahak Sahakari Mandali Limited Vs ACIT
AOP inadvertently filed their income tax return using ITR 7 instead of ITR 5. ITAT held that Income Tax Authorities are not supposed to punish assessees for their bona fide mistake.
In the case of Patel Ambalal Haridas – HUF Vs ITO, ITAT Ahmedabad orders re-evaluation of land value under section 50C, pointing to a failure to consider the Jantri value and Valuation Report. The case impacts how land value is assessed for capital gains tax purposes.
ITAT Pune in Pride Purple Properties, quashed retrospective determination of annual letting value of un-sold residential units. ITAT ruled that prospective amendments cannot apply retrospectively, providing clarity on taxation of real estate properties.
In Pavuluri Sylendra Nellore Vs ITO case, ITAT Hyderabad confirms addition under section 69C due to unexplained source of credit card payment.
Orissa High Court grants interim relief in Nilamadhaba Enterprises vs CT & GST Officer, staying tax demand due to the absence of a GST Appellate Tribunal.
