Judiciary

Co-op credit society providing credit facility to non-members not eligible for deduction U/s. 80P

The Citizens Cooperative Society Ltd Vs. ACIT (Supreme Court of India)

It is noticed by the Assessing Officer, after discussing in detail the activities of the appellant, is that the activities of the appellant are in violations of the provisions of the MACSA under which it is formed. It is pointed out by the Assessing Officer that the assessee is catering to two distinct categories of […]...

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Penalty u/s 271AAA cannot be levied on undisclosed Income for which AO did not put a specific query to assessee

Principal CIT (Central) Vs M/S Emirates Technologies Pvt. Ltd. (Delhi High Court)

1. The Revenue is in appeal against the order dated 28th October, 2016 passed by the Income Tax Appellate Tribunal in ITA NO. 476/Del./2014 for Assessment Year (‘AY’) 2010-2011. 2. The question sought to be urged by the Revenue is whether the ITAT erred in law in confirming the order of the Commissioner of Income […]...

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Section 68: Peak Credit Benefit to accommodation entry provider

CIT Vs D. K. Garg (Delhi High Court)

 The legal position in respect of an accommodation entry provider seeking the benefit of ‘peak credit’ appears to have been totally overlooked by the ITAT in the present case. Indeed, if the Assessee as a self-confessed accommodation entry provider wanted to avail the benefit of the ‘peak credit’, he had to make a...

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Treatment of bad debts for computation of book profit u/s 115JA/JB

CIT Vs Vodafone Essar Gujarat Ltd (Gujarat High Court)

Brief facts leading to the reference are as under. The respondent assessee is a company registered under the Companies Act. For the assessment year 2003­2004, the assessee had filed return of income declaring nil income. The Assessing Officer framed the order of assessment on 27.03.2006...

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Right of appeal U/s. 260A is a substantive right and cannot be impaired by any subsequent legislation

K Raveendranathan Nair Vs. Commissioner Of Income Tax & Anr. (Supreme Court of India)

S. 260A: Right of appeal is not a matter of procedure. It is a substantive right. This right gets vested in the litigants at the commencement of the lis and such a vested right cannot be taken away or cannot be impaired or imperilled or made more stringent or onerous by any subsequent legislation unless the subsequent legislation said so ...

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USA is not a person or authority under the Indian Income Tax Act

Spectrum Coal & Power Ltd Vs ACIT (ITAT Mumbai)

USA is not a person or authority under the Indian Income Tax Act, subsidy or grant received from it does not attract Explanation 10 to section 43(1), extraction of coal from mines and processing thereof tantamounts to production...

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ITAT explains theory of ‘preponderance of probability’, rejection of books and best judgement assessment

M/s. GTC Industries Limited Tobacco House, Vs ACIT (ITAT Mumbai)

In situations like this case, one may fall into realm of “preponderance of probability” where there are many probable factors, some in favour of the assessee and some may go against the assessee. But the probable factors have to be weighed on material facts so collected....

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Penalty cannot be levied in respect of an addition not having been made in quantum assessment

JRK Auto Parts (P) Ltd. Vs ACIT (ITAT Delhi)

In this Question arose for consideration was whether penalty under section 271(1)(c) of Income Tax Act, 1961 could be levied in respect of an addition not having been made in quantum/assessment proceedings and it was held that Imposition of penalty proceedings under section 271(1)(c) is strictly circumscribed to addition which has been ma...

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Assessee could be taxed only for the income that it has derived

CIT Vs M/s Olam Export (India) Ltd. (Kerla High Court)

These Income Tax appeals are filed by the Revenue aggrieved by the order passed by the Income Tax Appellate Tribunal, Cochin Bench allowing I.T.A. Nos. 428 & 429 of 2002 filed by the respondent/assessee concerning the assessment years 1997-98 and 1998-99....

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Assessee’s submission in arriving at the ALP is not final, It is for TPO to examine and find out companies listed as comparables

CIT Vs M/s. Tata Power Solar Systems Ltd., (Bombay High Court)

We find that the impugned order of the Tribunal holding that a party is not barred in law from withdrawing from its list of comparables, a company, if the same is found to have been included on account of mistake as on facts, it is not comparable. The Transfer Pricing Mechanism requires comparability analysis to be done b...

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