Category Archives: Income Tax Judgments

No Show Cause Notice is required to be issued for making addition under section 68 of Income Tax Act : HC

By | September 2, 2021

No Show Cause Notice is required to be issued for making addition under section 68 of Income Tax Act : The first argument of the appellant is that no show cause notice was issued before the addition was made by resorting to Section 68 of the Act. The statutory provision does not specifically state that… Read More »

iPad is not a computer, Not eligible for Higher depreciation of 60% : I ITAT

By | August 31, 2021

iPad is not a computer, IN THE ITAT AMRITSAR BENCH Kohinoor Indian (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle-1 LALIET KUMAR, JUDICIAL MEMBER AND DR. M.L. MEENA, ACCOUNTANT MEMBER IT APPEAL NOS. 234 & 316 (ASR) OF 2017 [ASSESSMENT YEARS 2012-13 & 2013-14] AUGUST  16, 2021 Sandeep Vijh, CA for the Appellant. Smt. Ratinder Kaur, DR. for the… Read More »

Order for special audit is valid even if few questionnaire were unwarranted : HC

By | August 28, 2021

In any case, even if two-three queries out of forty five queries are found to be unwarranted, as sought to be submitted by Mr.Soparkar, the entire order giving directions can not be set aside treating it to be a nullity. In that view of the matter, both the petitions being devoid of merits deserve to be dismissed.… Read More »

Writ Petition can not be filed if Notice issued to file ITR : HC

By | August 28, 2021

HIGH COURT OF MADRAS Deputy Commissioner of Income Tax, Corporate Circle-1(1) v. Daimler India Commercial Vehicles (P.) Ltd. N. KIRUBAKARAN AND P. VELMURUGAN, JJ. WRIT APPEAL NO.1616 OF 2018 & OTHS. AUGUST  19, 2021 Mrs. Hema Muralikrishnan, Sr. Standing Counsel for the Appellant. Ajay Vohra, Sr. Counsel and N.P. Vijay Kumar for the Respondent. Download Judgment Click here

Amount in capital gain account scheme not utilized within specified time, Liable to be Taxed : ITAT

By | August 28, 2021

the assessee has made payments subsequently, but, not utilised the capital gain amount lying in the capital gain account scheme before the specified date. Therefore, the action of the ld. CIT(A) confirming the addition in my opinion is justified. The various decisions relied on by the ld. counsel for the assessee are distinguishable and not… Read More »

Request of interest waiver dismissed as conditions of Incomet Tax Act not fulfilled : HC

By | August 28, 2021

HIGH COURT OF MADRAS R.S.Suriya v. Principal Commissioner of Income Tax, Central-2, Chennai S.M. SUBRAMANIAM, J. W.P. NO. 31785 OF 2018 AUGUST  4, 2021 S. Raveekumar for the Petitioner. A.P. Srinivas, Sr. Standing Counsel for the Respondent. ORDER 1. The lis on hand is instituted questioning the legal sustainability of the rejection order passed by the first respondent with reference to… Read More »

No Addition can be done by Income Tax Officer if register of property done after one year : ITAT

By | August 27, 2021

IN THE ITAT KOLKATA BENCH ‘SMC’ Ashutosh Jha v. Income-tax Officer, Ward 2(5), Ranchi SANJAY GARG, JUDICIAL MEMBER IT APPEAL NO. 188 (RANCHI) OF 2019 [ASSESSMENT YEAR 2014-15] APRIL  30, 2021 Smt. Chinmaya Aurangabadkar, JCIT, Sr. DR for the Respondent. ORDER 1. The present appeal has been preferred by the assessee against the order dated 30-10-2018 of the… Read More »

Estimation of probable sales by AO on the basis of packing material consumed by the assessee is not justified : HC

By | August 25, 2021

HIGH COURT OF MADRAS Commissioner of Income-tax, Chennai v. Paul Devaraj T.S. SIVAGNANAM AND MS. R.N. MANJULA, JJ. TAX CASE APPEAL NO.236 OF 2021 APRIL  1, 2021 Mrs. R. Hemalatha, SSC for the Appellant. A.S. Sriraman for the Respondent. JUDGMENT T.S. Sivagnanam, J. – This appeal has been filed by the Revenue under section 260A of the Income-tax Act, 1961 (‘the… Read More »

Trust Registration can not be rejected even if income in excess of expenditure : HC

By | August 25, 2021

HIGH COURT OF MADRAS Commissioner of Income Tax, Salem v. Angels Educational Trust T.S. SIVAGNANAM AND SATHI KUMAR SUKUMARA KURUP, JJ. T.C. APPEAL NO. 619 OF 2011 AUGUST  17, 2021 J. Narayanaswamy, Sr. Standing Counsel for the Appellant. R. Sivaraman for the Respondent. JUDGMENT T.S.Sivagnanam, J. – This appeal, by the appellant/Revenue, filed under section 260A of the Income-tax Act, 1961… Read More »