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Jagjeet Singh

Latest Articles


Assessee held shares under investment in books, AO in absence of anything contrary can’t held investment as trading

Income Tax : In the case of Shri Vishal Dipak Shah Vs. Addl. CIT Mumbai Bench of ITAT held that Principle of Res judicata does not apply to the...

December 25, 2015 1015 Views 0 comment Print

No deduction u/s 54 is allowed where assessee has constructed a house prior to the date of transfer of original house

Income Tax : ACIT Vs. Sagar Nitin Parikh (ITAT Mumbai) In the instant case, the assessee has constructed a house prior to the date of transfer ...

July 21, 2015 2040 Views 0 comment Print

Fee levied u/s 234E while processing TDS statement is beyond scope of adjustment provided u/s 200A

Income Tax : G. Indhirani Vs. DCIT (ITAT Chennai) The only issue arises for consideration is with regard to levy of fee under Section 234E of t...

July 10, 2015 20046 Views 0 comment Print


Latest Judiciary


On voluntarily disclosure in response to notice u/s 153A before any detection by revenue, immunity from levy of penalty can’t be denied

Income Tax : In the case of DCIT Vs. Deepak Chaudhary Kolkata Bench of ITAT have held that the assessee has cumulatively satisfied all the cond...

January 16, 2016 856 Views 0 comment Print

Transfer pricing adjustment is not one of the adjustments contemplated under Explanation 1 Section 115JB(2)

Income Tax : In the case of M/s. Cash Edge India (Pvt.) Ltd., vs. ITO Delhi Bench of ITAT have held that transfer pricing adjustment is not one...

January 13, 2016 5011 Views 0 comment Print

Reassessment proceedings could not be declared as null and void where AO was prompted by correct information

Income Tax : In the case of ITO Vs. M/S JAGDAMBA OPTICS PVT. LTD. Delhi Bench of ITAT have held that there was existence of correct information...

January 13, 2016 520 Views 0 comment Print

If business of comparable company & assessee remains unchanged from last year, the company can’t be held incomparable in current year

Income Tax : In the case of Eli Lilly & Co. (India) Pvt. Ltd. Vs. ACIT Delhi bench of ITAT have held that as there is no change in the facts fo...

January 7, 2016 679 Views 0 comment Print

Diagnostic Labs to deduct TDS on discount given to hospitals/laboratories U/s. 194H

Income Tax : In the case of M/s DDRC SRL Diagnostic P Ltd. Vs. ITO Mumbai Bench of ITAT have held that If the hospitals/laboratories act as mer...

January 7, 2016 15241 Views 2 comments Print


Reassessment without application of mind and examining the facts is invalid and liable to quash

December 11, 2015 745 Views 0 comment Print

Hon’ble ITAT decided in this matter that reopening without application of mind is liable to quash and also elaborate that examination of facts and information received is necessary before reopening. In addition to this legal ground ITAT also heard the appeal on merits

Claim for Set off of unabsorbed business loss b/f against profit of section 10A after AY 2001-02 is allowable

December 7, 2015 601 Views 0 comment Print

CIT Vs. M/s Shantivijay Jewels Ltd. (Bombay High Court) In this case Hon’ble Court considered question of law that whether claim for set off of unabsorbed business loss which was brought forward in subsequent AY against the profit of section 10 A is allowable or not.

Income which an assessee could have, but has not earned cannot be made taxable as income accrued

December 7, 2015 727 Views 0 comment Print

DCIT VS. Maharashtra State Electricity Board (ITAT MUMBAI) The assessee was entitled to get subsidy @3% from the state government. As per the agreement with WB it was decided that it would get higher subsidy i.e. 4.5 %.

Assessment u/s 153A required to be framed within 21 months as time stipulated u/s 153B

December 3, 2015 1170 Views 0 comment Print

JCIT Vs. Surya Vinayak Industries Ltd. (ITAT Delhi) In the above group cases search was conducted and assessments were framed u/s 153A/143 (3). The search was conducted on 21.03.2007 and concluded on 22.03.2007. Hence last of the authorisation of search u/s 132 was executed on 22.03.2007.

When revenue failed to show any legal infirmity in order of ITAT, no question of law arises in relation to Sec. 68

December 3, 2015 802 Views 0 comment Print

CIT Vs. Five Vision Promotors Pvt. Ltd. (Delhi High Court)- AO made addition on account of share application money u/s 68 which was confirmed by the CIT. On appeal ITAT held that assessee has proved identity, genuineness & creditworthiness of the investors.

Duty of assessee does not extend beyond disclosure of all material facts in reassessment

December 2, 2015 1866 Views 0 comment Print

New Delhi Television Ltd. Vs. ACIT- Bench of ITAT Delhi reversed the order passed by CIT (A) in which he confirmed the reassessment order after the lapse of four year when no new facts was revealed by the AO.

Proviso to Sec. 201(1) and 2nd proviso to sec. 40(a)(ia) should be viewed in same manner

December 2, 2015 7330 Views 0 comment Print

DCIT (TDS) Vs. Punjab Infratructure & Development Board, Chandigarh (ITAT Chandigarh)- When payee or resident has filed its return of income disclosing the payment received by and in which the income earned by it is embedded and has also paid tax on such income

Delhi HC restrains casansaar.com from continuing with infringement of copyrights

November 30, 2015 2927 Views 0 comment Print

In the case of Taxmann Allied Services Pvt. Ltd. Vs. Casansaar Web Solutions Pvt. Ltd. Honble Delhi HC granted ad interim injunction and restrained the defendant from continuing with the infringement of the plaintiff’s copyright in its editorial comments/case head notes.

Wrong PAN in TDS Return- Assessee cannot be penalised if system do not allow PAN correction in TDS Return

November 23, 2015 12012 Views 0 comment Print

In the case of Oil & Natural Gas Corporation Ltd. Vs. DCIT CPC-TDS, assessee was required to deduct tax and has deducted TDS @ 2% of sum paid/credited to GETCO Ltd. but due to filing of wrong PAN of deductee it has been deemed as assessee in default and accordingly 18% of remaining

Mere profitability, responsible for enhancement of profits, does not indicate that transaction is at an ALP

November 6, 2015 533 Views 0 comment Print

Knorr-Bremse India Pvt. Ltd. vs. ACIT (P&H HC) A reading of the orders of the TPO, the DRP and of the Tribunal makes it clear that one of the main reasons for not accepting the assessee’s case was that the assessee had not been able to substantiate that the payment for the services had actually increased its profits.

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