Category Archives: Income Tax Judgments

For Section 80I and 80HH deduction allowed for Interest due to Late Payment from Debtor : HC

By | March 17, 2020

In the case of Nirma Industries Ltd. v. Dy. CIT [2006] 283 ITR 402 (Guj) in which the court upheld the assessee’s claim for deduction under section 80-I of the Act on the interest received on late payment of sale consideration as amount derived from eligible business. These questions are, therefore, not required to be considered. The question… Read More »

Cash payments exceeding Limits to truck drivers allowed to Taxpayer if No Banking Facility in Village: ITAT

By | March 17, 2020

The Ld. A.O. has not found any fault with the payment nor has disbelieve the payment made for the coal suppliers who are duly registered with the VAT department. The payment has not been doubted by the A.O. or by the Ld. CIT(A), hence looking to the facts that the payments were made after the… Read More »

No Revision u/s 263 if AO applied his mind on the issues :ITAT

By | March 17, 2020

we are of therefore of considered view that the assessment order was not the result of non-enquiry or non-application of mind or assumption of wrong facts. We are also of the considered opinion that while passing the assessment order the AO had followed the permissible view in law which cannot be said to be ‘unsustainable… Read More »

Legal Expenses to defend the Director Not allowed : HC

By | March 17, 2020

The complaints have been filed so as to settle personal scores between the parties. It thus noticed that the appellant company was no way involved in the legal proceedings taken against the Directors/Shareholders in their individual capacities. HIGH COURT OF BOMBAY National Refinery (P.) Ltd. v. Assistant Commissioner of Income-tax M.S. SANKLECHA AND NITIN JAMDAR, JJ. IT… Read More »

10 Key Outcomes from 39th GST Council Meeting

By | March 17, 2020

The 39th GST Council meeting was held on March 14, 2020. The GST Council has taken several decisions which include measures related to facilitation of trade, deferment of e-invoice and e-wallet scheme, amendments to GST rules, GST rate changes in case of certain goods and services and several other initiatives proposed. Infosys also submitted suggestions… Read More »

Tax in Separate Heads if Salary & Commission received by Employee from employer : ITAT

By | March 14, 2020

ITAT remanded matter to tax commission received by employee from employer as his business income IN THE ITAT CUTTACK BENCH Jalendra Sahoo v. Income-tax Officer, Bhubaneswar CHANDRA MOHAN GARG, JUDICIAL MEMBER AND L.P. SAHU, ACCOUNTANT MEMBER IT APPEAL NO. 9 (CTK) OF 2017 [ASSESSMENT YEAR 2010-11] OCTOBER  16, 2019 S.N. Sahu, Adv. for the Appellant. Subhendu Dutta, DR for… Read More »

Section 14A : AO has to record dissatisfaction on suo motu disallowance by Assessee before applying Rule 8D : HC

By | March 14, 2020

  HIGH COURT OF BOMBAY Principal Commissioner of Income-tax-14 v. Godrej Investment Ltd. M. S. SANKLECHA AND NITIN JAMDAR, JJ. WRIT PETITION NOS. 3100 & 3109 OF 2019 NOVEMBER  26, 2019 Suresh Kumar for the Petitioner. Atul Jasani for the Respondent. ORDER 1. These two Petitions under article 226 of the Constitution of India challenge a common order dated 29 March… Read More »

Additions of undisclosed income can not be made on presumption without corroborative evidence : HC

By | March 14, 2020

  HIGH COURT OF ALLAHABAD Ajay Gupta v. Commissioner of Income-tax BHARATI SAPRU AND ROHIT RANJAN AGARWAL, JJ. IT APPEAL NO. 357 OF 2010 NOVEMBER  13, 2019 Parv Agarwal, for the Appellant. Krishna Agarwal and Shubham Agarwal, for the Respondent. ORDER Rohit Ranjan Agarwal, J. – This appeal under Section 260-A of the Income Tax Act has been filed by the assessee challenging… Read More »

TDS u/s 194C on Placement fee paid to cable operators ; SLP dismissed : SC

By | March 13, 2020

The placement fees / carriage fees paid to Cable Operators / MSO / DTH Operators are payments for work contract covered under section 194C and not fees for technical services under section 194J, SUPREME COURT OF INDIA Commissioner of Income Tax v. Zee Entertainment Enterprises Ltd. A.M. KHANWILKAR AND DINESH MAHESHWARI, JJ. PETITION(S) FOR SPECIAL LEAVE TO… Read More »

Separate Satisfaction Note not required u/s 153C if Assessing Officer is same : SC

By | March 13, 2020

  SUPREME COURT OF INDIA Super Malls (P.) Ltd. v. Principal Commissioner of Income Tax ASHOK BHUSHAN AND M.R. SHAH, JJ. CIVIL APPEAL NOS. 2006-2007 OF 2020 MARCH  5, 2020 JUDGMENT M.R. Shah, J. – As common question of law and facts arise in this group of appeals, and with respect to common assessee, but with respect to… Read More »