Category Archives: Income Tax Judgments

Entire purchases cannot be disallowed as Bogus If AO accepted sales

By | March 4, 2020

PCIT Vs Rishabhdev Tachnocable Ltd. (Bombay High Court) Income Tax Appeal (IT) No.1330 of 2017 10/02/2020 Related Assessment Year : 2010-11 FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. Heard Mr.Akhileshwar Sharma, learned standing counsel, Revenue for the appellant. 2. This appeal has been preferred by the Revenue under Section 260A of the Income… Read More »

No disallowance for payment to related parties without demonstrating that payment made was excessive and unreasonable

By | March 4, 2020

Motilal Laxmichand Sanghavi Vs ACIT (ITAT Mumbai) IT Appeal Nos. 3110 to 3112 (Mum.) of 2018 26/07/2019 Related Assessment Year : 2012-13, 2013–14 & 2014–15 FULL TEXT OF THE ITAT JUDGEMENT Captioned appeals filed by the same assessee arise out of three separate orders, all dated 12th March 2018, of learned Commissioner of Income Tax (Appeals)–6, Mumbai,… Read More »

No Section 194H TDS on discount to distributors of prepaid SIM cards

By | March 4, 2020

CIT (TDS) Vs Vodafone Cellular Ltd. (Bombay High Court) Income Tax Appeal No. 1152 of 2017 27/01/2020 FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT This order will dispose of all the above five appeals. 2. Heard Mr. Sham Walve, learned standing counsel revenue for the appellant and Ms.Mrunal J. Parekh, learned counsel for the… Read More »

FBT on providing Free Medicine Samples to Doctors by Pharma Companies

By | March 4, 2020

PCIT Vs Aristo Pharmaceuticals P Ltd (Bombay High Court) Income Tax Appeal No. 1961 of 2017 23/01/2020 Related Assessment Year : 2006-07 FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. Heard Mr. Suresh Kumar, learned standing counsel, revenue for the appellant. 2. This appeal under Section 260A of the Income Tax Act, 1961 (“the Act” for short)… Read More »

Right to collect parking fees is nothing but a consideration liable to Service Tax

By | March 4, 2020

MGF Event Management Vs CCE (CESTAT Delhi) Service Tax Appeal No. 53191 of 2014 03/02/2020 FULL TEXT OF THE CESTAT JUDGEMENT The present appeal has been filed against the impugned Order-in-Original whereby the learned Commissioner has confirmed service tax demand of Rs. 2,47,31,755/- besides demanding interest and imposing penalties under different Sections 25, Section 78… Read More »

Depreciation allowed on License/registration fee paid to Indian Railways

By | March 4, 2020

ACIT Vs Central Warehousing Corpn. (ITAT Delhi) ITA No. 5449/Del/2017 12/02/2020 Related Assessment Year : 2012-13 FULL TEXT OF THE ITAT JUDGEMENT Challenging the order dated 21/03/2017 in appeal No. 40/15-16 passed by the learned Commissioner of Income Tax (Appeals)-2, New Delhi (“Ld. CIT(A)”), for assessment year 2012-13, in the case of M/s. Central Warehousing… Read More »

Game where success depends upon substantial degree of skill are not gambling

By | March 4, 2020

 Chandresh Sankhla Vs State of Rajasthan (Rajasthan High Court)  D. B. Civil Writ Petition No. 6653 of 2019  14/02/2020 FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT The present Public Interest Litigation (PIL) petition has been filed by the petitioner claiming himself to be a resident of Ajmer City, involved in the business of… Read More »

BSE can exercise its Right of Lien over Security Deposits of member

By | March 4, 2020

Stock Exchange Bombay Vs Varughese P. Danial (Bombay High Court)  Writ Petition No. 2110 of 1999 30/01/2020 FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT 1. Heard Mr. Arnav Mohanty, learned counsel for the Petitioner; and Mr. Malhotra, learned standing counsel Revenue for Respondent Nos. 1 to 5. However, there is no representation on… Read More »

Leased property exceeding 12 year eligible for Section 54F exemption

By | March 3, 2020

 Shri N. Ramaswamy Vs ITO (ITAT Chennai)  ITA No. 925/Chny/2019 06/12/2019 Related Assessment Year : 2014-2015 FULL TEXT OF THE ITAT JUDGMENT This appeal of the assessee is directed against the order of the Principal Commissioner of Income Tax -1, Chennai, dated 12.02.2019 for the assessment year 2014-15, passed under Section 263 of the Income-tax Act, 1961… Read More »

No bail to accused for alleged issue of Fake GST Invoices

By | March 3, 2020

Naveen Mutreja Vs CGST (Delhi District Court) Bail Application No. R-243/2020 20/02/2020 Naveen Mutreja Vs CGST (Delhi District Court) This it an application dated 12.02.2020 for grant of anticipatory bail moved on behalf of applicant Naveen Mutreja. Briefly the facts of the case are that the applicant Naveen Mutreja was found in possession of fake… Read More »