ITAT Judgments - Page 40

Merely charging of fees does not make an educational institute non charitable

Jaycees Public School Vs. ITO (ITAT Delhi)

Jaycees Public School Vs. ITO (ITAT Delhi) We do not find that assessee is not engaged in the educational activities as merely charging of the fees does not make it existing for the purposes of the profit. ...

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Transfer of property to daughter through sale deed cannot be treated as gift

Balwant Kaur Mangat Vs ITO (ITAT Delhi)

Assessee has contended that the impugned property had been transferred to her daughter as a gift and therefore charging Long Term Capital Gains applying provisions of Section 50C is bad in law. In its written submission on behalf of the assessee, the learned Authorised Representative of the assessee has contended that the intention of the...

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CIT justified in invoking revisionary jurisdiction in PwC case

M/s Pricewaterhouse Coopers Pvt. Ltd. Vs ACIT (ITAT Kolkata)

This appeal by the Assessee arises out of the order of the Learned Principal Commissioner of Income Tax -1, Kolkata [in short the ld CIT] in M.No. Pr. CIT-1/Kol/Revision u/s. 263/2016-17/13718-21 dated 16.02.2017 passed u/s 263 of the Act against the order passed by the DCIT...

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Reassessment for mere cash deposit info received through AIR is invalid

Shri Mahavir Parsad Vs I.T.O (ITAT Delhi)

Revised grounds of appeal were filed by the assessee, which are placed on record. Amongst various grounds of appeal taken by the assessee, main grievance and issue raised by the assessee-appellant before this Tribunal relates to validity of the proceedings under section 148 of the Income-tax Act, 1961...

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Appeal cannot be dismissed for defect in form without granting Opportunity to cure defect

Haryana State Roads and Development Corporation Ltd. Vs. The D.C.I.T. (ITAT Chandigarh)

The Income Tax Appellate Tribunal [ITAT], Chandigarh bench, has held that the appellate authority cannot dismiss an appeal by pointing out the defects in its form without granting an opportunity to the assessee to cure the defects....

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Preservation of Environment is charitable Activity eligible for Sec. 11(1)(a) exemption

ITO (Exemptions) Vs. Gujarat Environment Service Society (ITAT Ahmedabad)

Ahmedabad bench of the ITAT observed that the activities of the Gujarat Environment Service Society are charitable in nature. The main issue before the Tribunal was that whether the assesse is entitled for benefit of section 11(1)(a) of the Income Tax Act, 1961 or not. Section 11(1)(a) is about exemptions related to charity....

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ITAT Judgment on year of taxability in case of JDA

ITO & Anr. Vs Shafiq Mohammed Shah & Anr. (ITAT Chennai)

These cross appeals by the Revenue and by the assessee are directed against the order of the Commissioner (Appeals)-4,Chenaai dated 8-2-2016....

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TDS deductible on Remittance to Google Ireland by Google India

M/s. Google India Private Ltd. Vs. Addl. Commissioner of Income-tax (ITAT Bangalore)

A division bench of the Bengaluru ITAT, on Tuesday held that the distribution fee paid by Google India to Google Ireland for use of its Ad words programme is taxable in India as royalty under the provisions of the Income Tax Act, 1961....

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Addition based on mere print out from third party computer not sustainable

ACIT Vs Katrina (Kaif) RoAsstt. Commissioner of Income Tax Vs. Ms. Katrina Rosemary Turcotte (ITAT Mumbai)

Addition made on the basis of a print out taken from the computer of a third party without there being no other corroborative evidence brought on record to prove the fact that the payment mentioned in the seized material was actually received by the assessee, not sustainable....

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Commission paid to MD & working Directors is allowable expense

The Asst. Commissioner of Income Tax Vs. S.H. Kelkar & Co. Pvt. Ltd. (ITAT Mumbai)

We find that during the year under consideration, the assessee company has already declared the dividend of ₹ 5.40 crores and hence, it cannot be doubted that the payment of dividend was made in the guise of commission to the directors....

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