An overview of case, Parth Developers vs PCIT, where ITAT rules that PCIT can’t invoke Section 263 for a project completion method consistently used by AO.
ITAT Mumbai held that deduction u/s 80IA of the Income Tax Act duly available towards FDR interest, scrap sales and EDI charges and on account profit earned from the operation of Inland container Depot (ICD).
ITAT Delhi held that issuance of notice u/s 153C of the Income Tax beyond six Assessment Year immediately preceding the Assessment year from the date of recording of satisfaction note/ handling over of relevant material is not in accordance with law.
ITAT Pune held that penalty under section 270A of the Income Tax Act duly leviable in absence of any plausible legal explanation with regard to misreporting of taxable income and increasing deductions.
ITAT Mumbai held that penalty under section 271B of the Income Tax Act for delay in furnishing of audit report not leviable on account of reasonable cause shown that delay was due to the death of director who was also an accountant of the company.
There is no relevance of date of payment of wages for reckoning limit of 15 days for payment of employees contribution to provident fund : ITAT Mumbai
ITAT Chennai held that professional fees received cannot be taxed under the head Salary merely because consultant/ professional is appointed as managing director of the company. Various details filed undoubtedly proves that professional service is rendered and accordingly taxable under ‘income from profession’.
Read the full text of the ITAT Kolkata order in the case of Parasnath Vinimay Pvt. Ltd. vs. CPC. The appeal discusses the income tax exemption on awards received for compulsory acquisition of agricultural land.
Read the full text of the order by ITAT Delhi in Virender Rathee vs ITO case. The ITAT allows tax deduction on interest received from enhanced compensation against compulsory acquisition of agricultural land.
CIT(A) resolved the appeal, considering the TDS credit issue, on 08/05/2019. Therefore, PCIT can’t invoke s.263 revision proceedings for the same issue, per Explanation-1(c) to section 263(1) of the Act.
