Category Archives: Income Tax Judgments

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 »

Payments made to surrogate mother , no TDS deducted , Disallowance u/s 40a(ia) : ITAT

By | August 12, 2021

IN THE ITAT HYDERABAD BENCH ‘B’ Kiran Infertility Central (P.) Ltd. v. Income Tax Officer, Ward-2(1) Hyderabad S.S. GODARA, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER IT APPEAL NOS. 866 TO 868 (HYD.) OF 2016 AND 1673 (HYD.) OF 2017 [ASSESSMENT YEARS 2010-11 TO 2013-14] APRIL  8, 2021 Smt. S. Sandhya and S. Rama Rao, AR for the Appellant. Rohit… Read More »

No need to give notice to the assessee for Transferring Case to another AO within same City : ITAT

By | August 9, 2021

In the present case, undisputedly the assessee’s case has been transferred from DCIT-15(2), Mumbai to ACIT, Central Circle-32, Mumbai i.e. the change in jurisdiction of Assessing Officer is within the same city. Hence, there was no statutory requirement for notice or prior intimation for change in jurisdiction to the assessee. IN THE ITAT MUMBAI BENCH ‘F’ Jaswantlal… Read More »

Extension of ITR and Tax Audit Date AY 2020-21 : Gujarat High Court direction

By | January 9, 2021

Extension of ITR and Tax Audit Date AY 2020-21 HIGH COURT OF GUJARAT All Gujarat Federation of Tax Consultants v. Union of India J.B. PARDIWALA AND ILESH J. VORA, JJ. R/SPECIAL CIVIL APPLICATION NO. 13653 OF 2020 JANUARY  8, 2021 S.N. Soparkar , Sr. Adv. and B.S. Soparkar for the Petitioner. Varun Pate for the Respondent. JUDGMENT   J.B. Pardiwala J. —The… Read More »