Category Archives: Income Tax Judgments

Software licence fees is allowed as Revenue Expenditure : ITAT

By | March 26, 2019

we uphold the impugned order of the ld. CIT(Appeals) allowing the deduction claimed by the assessee on account of software licence fees paid to M/s. Wipro Limited. DCIT Vs Lovelock & Lewes ITAT (ITAT Kolkata)  I.T.A. Nos. 1020 & 1021/KOL/2017 Date of Judgement/Order : 08/03/2019 Related Assessment Year : 2007-2008 & 2010-2011 Courts : All ITAT (5824) ITAT… Read More »

No Penalty of Sec 271E of Income Tax on conversion of loan into equity : ITAT

By | March 26, 2019

We find that the loan received by the assessee from Prakash Electronics System Ltd had been squared off by way of conversion of loan into equity in the sum of Rs 6,00,000/- was carried out by the assessee through book entries without any physical outflow of funds. It is usual business practice and is part… Read More »

Assessee failed to explain Source of income of Share Capital : Addition upheld by ITAT

By | March 24, 2019

we are of the opinion that share applicant entities are paper entities created by some individuals for providing entries to the persons including the assessee, not having tax paid capital for promoting their ventures. As the entries of credit are appearing in the books of the assessee, it was the onus of the assessee to… Read More »

Notice can not be issued in name of dead person to reopen assessment : HC

By | March 22, 2019

HIGH COURT OF BOMBAY Sumit Balkrishna Gupta v. Assistant Commissioner of Income-tax, Circle 16(2), Mumbai*AKIL KURESHI AND M.S. SANKLECHA, JJ. WRIT PETITION NO. 3569 OF 2018 FEBRUARY  15, 2019  Satish Mody and Ms. Aasifa Khan for the Petitioner. Suresh Kumar for the Respondent. JUDGMENT 1. At the request of the parties, this petition is taken up for final disposal at this stage. 2. This… Read More »

Banks can claim Share issue expenses as preliminary expenses : HC

By | March 5, 2019

HIGH COURT OF KERALA Dhanalakshmi Bank Ltd. v. Commissioner of Income-tax, Cochin K. VINOD CHANDRAN AND ASHOK MENON, JJ. IT APPEAL NOS. 456, 498, 635, 643, 651, 712, 717, 1108, 1318 AND 1691 OF 2009 & ORS. DECEMBER  11, 2018 P. Balakrishnan (E) and Mohan Pulikkal, Advs. for the Appellant. P.K R. Menon, Sr. Counsel and Jose Joseph, SC, Advs. for the Respondent.… Read More »

FDR Interest income not Taxable if to be applied for welfare of the State: ITAT

By | March 4, 2019

The funds from the Central and State Governments flow directly to the Assessee company as equity and Subordinate Debt/Loans. The objective is to create and maintain a fund for the development of infrastructural assets on a continuing basis and, therefore, the Assessee is a SPV formed by the Government of India and Government of West… Read More »

No Disallowance U/S 40A(3) if cash payment made on Seller’s Insistence : ITAT

By | March 2, 2019

ITAT Indore DCIT Vs M/s. Brilliant Sare Reality Pvt. Ltd. Appeal Number : IT(SS)A No. 44/Ind/2015 This appeal and cross objection pertaining to the assessment year 2007-08 have filed by the revenue and the assessee against order of the Commissioner of Income Tax (Appeals)-I, Indore dated 22.10.2014. 2. In cross objection the assessee has raised… Read More »

8% Income can not be estimated u/s 44AD for Partners Remuneration from Firm: ITAT

By | March 2, 2019

The Chennai bench of the Income Tax Appellate Tribunal ( ITAT ) has held that a partners’ remuneration from the Firm shall not be subject to the application of presumptive interest rate under section 44AD of the Income Tax Act. The assessee received remuneration and interest from partnership firms namely M/s. Kumbakonam Jewellers, M/s. ANS… Read More »