Category Archives: Income Tax Judgments

Declaring LTCG in ITR instead of STCG is not unavoidable circumstance , No Waiver of Interest u/s 234A/B/C : HC

By | August 22, 2019

HIGH COURT OF MADRAS Tushin T.Mehta v. Chief Commissioner of Income-tax, Chennai G.R. SWAMINATHAN, J. WP NO. 15097 OF 2007 AUGUST  14, 2019 R. Sivaraman for the Appellant. D. Naveen Durai Babu and Hema Muralikrishnan for the Respondent. ORDER   The writ petitioner’s father late Mr.Tushaar Mehta voluntarily filed his return of income for the assessment year 1996-97 on 28.03.1997… Read More »

Sec 54F time limit for Purchase of House should be considered from date of agreement to sell

By | July 20, 2019

HIGH COURT OF GUJARAT Kishorbhai Harjibhai Patel v. Income Tax Officer J.B. PARDIWALA AND A.C. RAO, JJ. R/TAX APPEAL NO.1378 OF 2018 JULY  8, 2019 B.S. Soparkar for the Appellant. Varun K. Patel for the Respondent. B.S. Soparkar for the Appellant. Varun K. Patel for the Respondent. JUDGMENT   J.B. Pardiwala, J. – This Tax Appeal under Section 260A of the Income Tax Act,… Read More »

Business Expenditure 2019 : Allowable and Not allowable under Income Tax : Book

By | June 7, 2019

BUSINESS EXPENDITURE HELD ALLOWABLE, NOT ALLOWABLE, PARTLY ALLOWABLE WITH TESTS/PRINCIPLES FOR DETERMINATION 2019 Price Rs 830 Buy Online Click here Paperback: 719 pages Publisher: TAX PUBLISHERS; YEAR 2019 edition (15 January 2019) Firstever Rigorous and Practice Specific Analytical Study of Section 37(1) of the Income Tax Act.  Parts and Chapters coined in a manner that every… Read More »

Top 100 Income-Tax Rulings of 2018 (7th Edition 2019) by Taxsutra

By | June 7, 2019

Top 100 Income-Tax Rulings of 2018 by Taxsutra (Author), Anumita Sarkar (Editor), Parasaran (Introduction), Mohan (Introduction) Price Rs 1226 Click here to Buy online Top 100 income-tax rulings of 2018 is your guide to the key income-tax judgments delivered during the course of the year. Taxsutra’s editorial team has carefully picked the top 100 as well as top 15 cases of 2018, based… Read More »

Sec 12AA Registration cannot be denied to trust established to comply CSR obligations

By | June 3, 2019

ITAT Delhi Escorts Skill Development Vs CIT (Exemptions)  ITA No. 527/Del/2017 Dated  26/04/2019 Since common questions of facts and law have been raised in both the aforesaid appeals, the same are being disposed off by way of composite order to avoid repetition of discussion. 2. The Appellant, Escorts Skill Development (hereinafter referred to as the… Read More »

Mistake committed by Advocate is a reasonable cause to condone delay in filing Appeal : ITAT

By | May 27, 2019

T ITAT Jodhpur Mahnoo Khan Vs ITO Appeal Number : ITA No. 17/Jodh/2019 Order : 03/05/2019 Related Assessment Year : 2012-13 The appeal by the assessee is directed against the order dated 17.12.2018 of the CIT(A)-3, Jaipur. 2. Following grounds have been raised in this appeal :- 1. That the order passed by the Commissioner… Read More »

Section 54F relief can not be denied as Taxpayer is Co-owner of property and not absolute owner of second house :ITAT

By | May 27, 2019

Held Since, the legislature has consciously not amended the provisions of section 54F, it has to be held that the word “own” in Section 54-F would include only the case where a residential house is fully and wholly owned by the assessee and consequently would not include a residential house owned by more than one person. IN THE ITAT MUMBAI BENCH… Read More »

No TDS on Gratuity , pension Computation and leave salary of University Employee : ITAT

By | May 24, 2019

Held The word “Other Authorities” has been interpreted in Umesh vs. Singh A 1967 Pat. 3(9) F.B. to include a Board, University, The Chief Justice of a High Court, having powers to issue rules, bye laws or regulations having the force of law. The above decision provides that the assessee is covered under the expression… Read More »