Category Archives: Income Tax Judgments

Advance salary received by employee during demonetization is not benami transaction

By | December 20, 2018

APPELLATE TRIBUNAL FOR PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, NEW DELHI T. Raja v. K. Visakh JUSTICE MANMOHAN SINGH, CHAIRMAN FPA/PBPT/30, 31, 53, 55, 59, 60, 63 (CHN) OF 2018 OCTOBER  31, 2018 Anirudh Bakhru and Sudhir Chandra, Advs. for the Appellant. Anish Dhingra, SPP for the Respondent. JUDGMENT   1. By this Order, I propose to decide the above-mentioned seven appeals… Read More »

Not mandatory to set off business loss against capital gains as per sec. 71 : ITAT

By | December 4, 2018

IN THE ITAT CHANDIGARH BENCH ‘A’ Ajay Kumar Singhania v. Deputy Commissioner of Income Tax, CPC, Bangalore SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER IT APPEAL NO. 1650 (CHD) OF 2017 [ASSESSMENT YEAR 2016-17] OCTOBER  4, 2018 Navneet Sehgal, CA for the Appellant. Smt. Chanderkanta, Sr. DR for the Respondent. ORDER Sanjay Garg, Judicial Member – The… Read More »

Prosecution u/s sec. 276CC of Income Tax even if no tax payable under Return : HC

By | November 16, 2018

The offence under Section 276 CC of IT Act deals with failure to comply with the obligation under Sections 139 (1) or 142(1) or 148 of IT Act. Disobedience of each said provision of law itself constitutes a distinct offence. The offence under Section 276 CC, prima facie, stood constituted upon failure on the part… Read More »

Cash Purchases disallowed because banking facilities were available : BOMBAY HC

By | November 16, 2018

Income tax discourages payment of money in cash and beyond a specified limit. That is to encourage cheque transactions and banking operations. It is in these circumstances that the Assessing Officer found that out of the total consideration of Rs. 39,00,960/-, a substantial sum has been paid in cash even though banking facilities are available… Read More »

No Income Tax Exemption for PF interest on accumulated balance after retirement : ITAT

By | October 31, 2018

e are of the considered opinion that the withdrawal to the extent of the accumulated balance (viz., contributions plus interest) up to the retirement of the assessee’s i.e., 1/4/2002 of Rs.37,93,888/- is eligible for exemption u/s 10(12) of the Act . However in respect of the accrued interest of Rs. 44,07,195/-from 1/4/2002 to 11/4/2011 on the… Read More »

20% demand can’t be directed to pay during pendency of stay application: Bombay HC

By | October 28, 2018

If that demand is under dispute and is subject to the appellate proceedings, then, the right of appeal vested in the petitioner/assessee by virtue of the Statute should not be rendered illusory and nugatory. That right can very well be defeated by such communication from the Revenue/Department as is impugned before us. That would mean… Read More »

CBDT circular are binding on revenue: HC

By | October 28, 2018

HIGH COURT OF BOMBAY Principal Commissioner of Income-tax, Mumbai v. Nawany Construction Co. (P.) Ltd. S.C. DHARMADHIKARI AND B.P. COLABAWALLA, JJ. IT APPEAL NO. 1142 OF 2015 SEPTEMBER  10, 2018 Arvind Pinto for the Appellant. Sameer Dalal and Ms. Namrata Kasale for the Respondent. JUDGMENT 1. When this appeal was called out, Mr. Arvind Pinto, appearing on behalf of the Revenue in support of… Read More »

Sec. 54 deduction allowable if new house purchased within 1 year prior to date of agreement to sell: ITAT

By | October 16, 2018

IN THE ITAT KOLKATA BENCH ‘B’ Gautam Jhunjhunwala v. Income Tax Officer Ward-25(4), Kolkata A.T. VARKEY, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER IT APPEAL NO. 1356 (KOL) OF 2017 [ASSESSMENT YEAR 2012-13] SEPTEMBER  7, 2018 P.R. Kothari, FCA for the Appellant. Rabin Choudhury, Addl. CIT Sr. DR for the Respondent. ORDER A.T. Varkey, Judicial Member – This appeal… Read More »

No TDS on Internet connectivity Charges Paid for dedicated lease line : ITAT

By | October 7, 2018

The lease line charges were paid by the assessee to the internet service provider for faster internet access on dedicated lease line and as such the said payment had been made for use of telecommunication services / connectivity for transmission of voice / data facility provided by the vendors and not for use of any… Read More »

Extend tax audit due date for AY 2018-19 & waive off Sec. 234A interest : HC

By | October 6, 2018

HIGH COURT OF RAJASTHAN Rajasthan Tax Consultants Association v. Union of India MOHAMMAD RAFIQ AND GOVERDHAN BARDHAR, JJ. D.B. CIVIL WRIT (P.I.L) PETITION NO. 21774 OF 2018 OCTOBER  1, 2018 Siddharth Ranka, M.I. Iqbal and Saurabh Harsh for the Petitioner. R.D. Rastogi and Chandra Shekhar for the Respondent. ORDER   1. This public interest litigation has been filed by the Rajasthan Tax Consultants Association, Jaipur inter… Read More »