Category Archives: Income Tax Judgments

Prosecution justified under Black Money Act on failure to disclose foreign bank accounts :HC

By | February 17, 2019

HIGH COURT OF CALCUTTA Shrivardhan Mohta v. Union of India DEBANGSU BASAK, J. W.P. NO. 568 OF 2018 FEBRUARY  14, 2019 Mrs. Manju Agarwal and Bajrang Manot, Advs. for the Petitioner. Kaushik Chanda, Ld. A.S.G. D.K. Bhowmick, Mrs. Debjani Ray, Ms. Nabonita Karmakar and Yogesh Bhatt, Advs. for the Respondent. ORDER 1. The petitioner has sought a declaration that, the provisions of Black Money (Undisclosed Foreign Income and… Read More »

NO Income Tax on Gifts received from Brother-in Law : ITAT

By | February 16, 2019

ITAT Ahmedabad DCIT Vs Shri Arvind N. Nopany Appeal Number : Income Tax (Search & Seizer) Appeal Nos. 128 & 129/Ahd/2016 Date of Judgement : 24/01/2019 Related Assessment Year : 2008-09 & 2009-10 These two instant appeals filed by the revenue are against the order dated 28.01.2016 passed by the Commissioner of Income Tax (Appeals)… Read More »

Entire 54F deduction can be claimed even if property Purchased in Joint Names : ITAT

By | February 15, 2019

The law is well settled that where two views are possible on an issue, the view favourable to the Assessee should be followed. Moreover, the decision of the Hon’ble Karnataka High Court in the case of Mrs. Jennifer Bhide (supra) is in favour of the Assessee. Following the said decisions, we hold that the Assessee should be… Read More »

HUF Property can not be taxed in individual coparcener name : ITAT

By | February 14, 2019

Held Hindu Undivided Family is not a legal entity under the common law. Therefore, it cannot hold any property / title over the immovable property. Hence, the registered sale deed for purchase of the property in question has to be in the individual name of the coparcener. In this case on our hand, the assessee… Read More »

Property is acquired when allotment letter is issued for section 54/54F: HC

By | February 10, 2019

  HIGH COURT OF BOMBAY Principal Commissioner of Income-tax v. Vembu Vaidyanathan AKIL KURESHI AND M. S. SANKLECHA, JJ. IT APPEAL NO. 1459 OF 2016 JANUARY  22, 2019  Sham Walve for the Appellant. Dr. K. Shivram, Sr. Counsel and Rahul Hakani for the Respondent. JUDGMENT P.C.- This appeal is filed by the revenue to challenge the judgment of Income Tax Appellate Tribunal. We… Read More »

Pay Income Tax if Land Purchased below Stamp Duty : ITAT

By | February 8, 2019

Held The Revenue’s contention is that the provisions of Section 56(2)(vii)(b) talks about any immoveable property and thus even an agriculture land falls under the definition of an immoveable property and the provisions of Section 56(2)(vii)(b) are clearly attracted. On reading of provisions of 56(2)(vii)(b), we find that it refers to any immoveable property and… Read More »

Link Aadhaar with PAN to file Income Tax Returns from AY 2019-20: Supreme Court

By | February 7, 2019

PAN-Aadhaar Linkage mandatory for filing Income Tax Returns from AY 2019-20: SC  S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).34292/2018 Date : 04-02-2019 (Arising out of impugned final judgment and order dated 24-07-2018 in WP(C)… Read More »

No reassessment to disallow employee’s PF contribution since disclosure was made in Tax Audit report : HC

By | December 24, 2018

Held Kelvinator of India Ltd. It has held that, after April 1, 1989 the assessing officer invoking the provisions of Section 147 of the Act of 1961 must have tangible material to come to the conclusion that, there was escapement of income from assessment. Reasons must have a live link with the formation of the belief.… Read More »