April 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
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
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
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
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
Stay of Demand extended by ITAT in case where delay was not attributable to Assessee
Ex-parte order for non – attendance during lockdown is unjustified
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
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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