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April 2020

Union of India & Ors. Vs Exide Industries Limited & Anr. (Supreme Court); Civil Appeal No. 3545/2009; 24/04/2020

Supreme court upheld the constitutional validity of section 43B(f) of income tax Act i.e. deduction is available only on actual payment of leave to the credit of employee

BT India Private Ltd. Vs ITO (Delhi High Court); W.P.(C) 2981/2020 & C.M. Nos.10339-41/2020; 22/04/2020;2012-13

Withdrawal of orders by the department to give the assesse the opportunity to reply to show cause notices.

May 2020

Lady Floreance Education Society Vs CIT (Exemptions) (ITAT Delhi); ITA No. 3761/Del/2016; 19/05/2020

Registration under section 12AA cannot be rejected merely on the basis of suspicion

South Staffordshire PLC, Vs DCIT (International Taxation) (ITAT Delhi); ITA No. 1848/Del/2017; 18/05/2020; 2013-14

Appeal can be signed by authorised POA holder of Foreign company

THAR Automobiles Pvt. Ltd. Vs ITO (ITAT Delhi); ITA No. 1217/Del/2019; 20/05/2020; 2014-15

Section 43B is not applicable on RTO registration fees collected from customers

M. Sarin Vs ACIT (ITAT Delhi); ITA No. 1311/Del/2019; 19/05/2020; 2013-14

If reply to email notices is not done due to computer illiteracy, then it is consider genuine reason

PCIT Vs SKI Retail Capital Ltd. (Madras High Court); TCA No. 66 & 67 of 2018; 07/05/2020;2007-08

No reassessment after 4 years in case there was no disclosure failure on the part of Assessee

ITO Vs Satish Singh Bhati (ITAT Delhi); ITA No. 2363/DEL/2019; 15/05/2020; 2009-10

Assessment done without issuing notice under section 143(2), shall not be considered valid 

June 2020

PricewaterhouseCoopers Private Limited Vs ACIT (ITAT Kolkata); ITA No. 2633/Kol/2018; 17/06/2020; 2014-15

Only dividend bearing securities should be considered for purpose of disallowance under rule 8D(2)(iii) of Income Tax Rules

New Delhi Television Ltd Vs. ACIT (ITAT Delhi) on 16th June 2020, ITA No. 3865/Del/2014

Capital gain on Sale of Shares cannot be treated as Income from Other Sources

Shri. Navin Jolly Vs ITO (Karnataka High Court); I.T.A. NO.320 of 2011; 18/06/2020;2006-07

Multiple independent residential units in same building can be treated as one residential unit for Section 54F exemption

Ventura Textiles Ltd. Vs CIT (Bombay High Court); ITA No. 958 of 2017; 12/06/2020

Penalty cannot be levied for making a claim which may be erroneous or wrong

Dev Milk Foods Pvt. Ltd. Vs ACIT (ITAT Delhi); ITA No. 6767/Del/2019; 12/06/2020; 2015-16

No conversion from limited to Complete scrutiny on mere suspicion

July 2020

JMD Auto India Pvt. Ltd Vs ACIT (ITAT Mumbai); ITA No. 923/MUM/2019; 17/07/2020; 2011-12

Rectification u/s 154 can be exercised only if there is mistake apparent from records i.e. a matter which is incapable of any argument or debate

Confederation of Indian Textile Industry Vs ITO (ITAT Mumbai); ITA No. 2435/Mum/2019; 17/07/2020; 2013-14

Section 11 exemption cannot be denied merely because income is exempt from Principles of mutuality 

Star India Pvt. Ltd. Vs ACIT (ITAT Mumbai); ITA No. 30/Mum/2018; 17/07/2020; 2013-14

Disallowance for depreciation on Brand License fees is unjustified

Infosys Ltd. Vs ACIT (ITAT Bangalore); S.P No.139/Bang/2020 in IT(TP)A No.718/Bang/2017; 24/07/2020; 2012-13

Stay of Demand extended by ITAT in case where delay was not attributable to Assessee

Uttar Pradesh Water Supply and Sanitation Mission Vs ACIT (ITAT Lucknow); I.T.A. No.192/Lkw/2020; 01/07/2020;2017-18

Ex-parte order for non – attendance during lockdown is unjustified 

Suryodaya Infrastructure Pvt. Ltd. Vs ITO (TDS) (Bangalore District Court); Criminal Appeal No. 1213/2017; 07/07/2020

MD fined and Sentenced for TDS default of concerned company – Due to non-deposit of deducted TDS on time- Fine of Rs. 5000 & Imprisonment of 3 months 

Cooner institute of Health care and Research Centre (P) Ltd vs ITO on 27th July 2020, (High Court Of Delhi), W.P. (C) 430/2020

Withholding of refund for non-completion of assessment is invalid

Shri Shailesh Kumar Chaturvedi Vs ITO (ITAT Jaipur); ITA No. 1026/JP/2019; 07/07/2020; 2008-09

Mere expense on electricity and water bills won’t covert the status of plot to residential for claiming exemption u/s 54 of Income Tax Act 

Mehra Eyetech Pvt. Ltd. Vs Add. CIT (ITAT Mumbai); ITA No. 1760/Mum/2019; 13/07/2020; 2010-11

TDS u/s 194C is applicable on payment made for advertisement expenses. In case of non deduction, disallowance is made u/s 40(a)(ia)

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CA Rubneet Anand B.Com, M.Com(Finance& Taxation), MBA(Finance & International Business- IMT Ghaziabad) Deputy Manager (Internal Audit & Indirect Taxation)-M/s SML Isuzu Ltd Facebook Page- Corporate Prism-Consultation in Accounting & Corporate Managemen View Full Profile

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June 2024