Category Archives: Income Tax Judgments

No Tax on Interest awarded on enhanced compensation of compulsory acquisition of agriculture land : ITAT

By | July 21, 2018

IN THE ITAT BANGALORE BENCH ‘A’ Income Tax Officer, Ward I & TPS v. Basavaraj M Kudarikannur N.V. VASUDEVAN, JUDICIAL MEMBER AND INTURI RAMA RAO, ACCOUNTANT MEMBER IT APPEAL NOS. 1747 AND 1750 (BANG.) OF 2017 [ASSESSMENT YEAR 2013-14] JUNE  1, 2018 Sandeep Goel, Addl. CIT (DR) for the Appellant. ORDER N.V. Vasudevan, Judicial Member – These are… Read More »

Depreciation can be claimed on goodwill : ITAT

By | July 20, 2018

IN THE ITAT SPECIAL BENCH, NEW DELHI CLC & Sons (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle- 3 (1), New Delhi G.D. AGRAWAL, PRESIDENT R.S. SYAL, VICE-PRESIDENT AND BHAVNESH SAINI, JUDICIAL MEMBER IT APPEAL NO. 1976 DELHI OF 2006 [ASSESSMENT YEAR 2001-02] JULY  19, 2018 Rohit Jain, Adv. Deepesh Jain and Mrs. Meenal Goyal, CA’s for the Appellant. Vijay Varma for the… Read More »

Assessing officer can make preliminary inquiries before issuing notice of reassessment : GUJARAT HC

By | July 19, 2018

We see no fetters on an Assessing Officer carrying out preliminary inquiries even before issuance of notice of reopening in order to collect information on the basis of which, he may either form a belief that income chargeable to tax had escaped assessment or abandon any further inquiry, upon being satisfied that no such belief… Read More »

Penalty justified if no reasonable cause for cash loan taken in contravention of Sec. 269SS : ITAT

By | July 18, 2018

The goods were not shipped either on 01-10-2007 or on 05-10-2007, i.e., on the dates on which the impugned loans were taken. The question of payment of customs duty etc., would arise only upon shipment or receipt of goods. In fact, the assessee admits that the goods were expected to be shipped on the second… Read More »

Not necessary to submit Evidence at the time of seizure , can be submitted in Assessment : Bomaby HC

By | July 18, 2018

The entire basis of the Revenue’s case is the statement made on the date of the seizure. The voluminous evidence filed by the respondent during the course of the assessment proceedings has been completely ignored on the ground that the same was not produced when the seizure was made. There is no requirement in law… Read More »

No reassessment without considering assessee’s explanation about cash deposit :GUJARAT HC

By | July 17, 2018

The Assessing Officer formed a belief that income chargeable to tax has escaped assessment, on the ground that noticing a big mismatch between the returned income and cash transactions in the assessee’s bank accounts, queries were raised, which remained un-replied. This is contrary to the facts on record. The assessee had also furnished a copy… Read More »

Trust Registration deemed to be granted if CIT failed to dispose off sec. 12AA Application within 6 months : BANGALORE ITAT

By | July 17, 2018

Undisputedly, the trust was created on 01-04-1998 and application was moved on 25-05-1999. There was delay of 1 month 25 days for which assessee has moved an application requesting therein that the delay may be condoned and registration may be granted from the date of its inception. Though the Revenue was required to dispose off… Read More »

Sale of land taxable as capital gains even if depreciation claimed on quarters built on it : ITAT Mumbai

By | July 16, 2018

Issue  Property sold by the assessee comprises of staff quarters on which assessee had claimed depreciation. As per Assessing officer , it has to be treated as short term capital gain as per Section 50(1) of the Act It is the claim of the assessee that the property sold is land, hence it has to… Read More »

AO Jurisdiction couldn’t be questioned after expiry of 1 month from date of service of reassessment notice : Delhi HC

By | July 10, 2018

HIGH COURT OF DELHI Abhishek Jain v. Income-tax officer, Ward-55(1), New Delhi SANJIV KHANNA AND CHANDER SHEKHAR, JJ. WRIT PETITION (CIVIL) NO. 11844 OF 2016 JUNE  1, 2018 Arvind Kumar and Harsh Vardhan Sharma, Advs. for the Petitioner. Ashok K. Manchandani, Sr. Standing Counsel for the Respondent. JUDGMENT Sanjiv Khanna, J. – Abhishek Jain, as an individual, has filed the present writ petition… Read More »