Category Archives: Income Tax Judgments

Notice u/s 148 cannot be issued if time to issue notice u/s 143 (3) not expired

By | April 13, 2018

ITAT Hyderabad Venkata Siva Reddy Nellore Vs ITO  Appeal Number : ITA No. 962/HYD/2017 Date of Judgement/Order : 22/11/2017 FULL TEXT OF THE ITAT JUDGMENTThis is an appeal by assessee against the order of the Commissioner (Appeals)-Tirupati, dated 30-3-2017, for the assessment year 2012-13.2. The grounds raised by assessee are as under :– “1. The… Read More »

CBDT instructions on seizure of jewellery & ornaments are discretionary

By | April 10, 2018

CBDT instructions on seizure of jewellery and ornaments are discretionary ITAT Indore Shri Keshav Lila Vs. Assistant Commissioner of Income Tax-1(2)  ITA No. 935/Ind/2016 Date of Judgement/Order : 19/01/2018 Related Assessment Year : 2011-12 CBDT instructions which in our view provides a guideline to the search conducting team that no seizure should be made of… Read More »

No reassessment because ITR not reflecting in IT system of dept. if it was filed manually by assessee

By | April 9, 2018

IN THE ITAT JAIPUR BENCH Narain Dutt Sharma v. Income-tax Officer, Ward- 6 (1), Jaipu VIJAY PAL RAO, JUDICIAL MEMBER AND VIKRAM SINGH YADAV, ACCOUNTANT MEMBER IT APPEAL NO. 203 (JP.) OF 2017 [ASSESSMENT YEAR 2007-08] FEBRUARY  7, 2018 P.C. Sharma and Prashant Sharma, Advs. for the Appellant. Ajay Malik (Addl. CIT) for the Respondent. ORDER   Vikram Singh Yadav, Accountant Member –… Read More »

Basement is part of residential house; eligible for Sec. 54/54F : ITAT

By | April 6, 2018

IN THE ITAT MUMBAI BENCHES ‘J’ Assistant Commissioner of Income-tax Circle-16(1) Mumbai v. Shrey Sharma Guleri Prime Channel Software Communications (P.) Ltd. JOGINDER SINGH, JUDICIAL MEMBER AND N.K. PRADHAN, ACCOUNTANT MEMBER IT APPEAL NO. 6147 (MUM.) OF 2016 [ASSESSMENT YEAR 2009-10] MARCH  22, 2018 Saurabh Rai for the Revenue. Dilip V. Lakhani for the Assessee. ORDER   Joginder Singh,… Read More »

Amount paid by Prasar Bharati to advertising agencies liable to TDS u/s Sec. 194H TDS: SC

By | April 4, 2018

SUPREME COURT OF INDIA Director, Prasar Bharati v. Commissioner of Income-tax, Thiruvananthapuram R.K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ. CIVIL APPEAL NOS. 3496-3497 OF 2018 APRIL  3, 2018 JUDGMENT Abhay Manohar Sapre, J. – Delay condoned. 2. Leave granted. 3. These appeals are directed against the final judgment and order dated 20.11.2009 passed by the High Court of Kerala at… Read More »

Commission paid to NR for services rendered outside India not liable to tax even after withdrawal of Circular No. 23

By | April 3, 2018

IN THE ITAT AGRA BENCH Assistant Commissioner of Income-tax, Circle-1, Agra v. Nuova Shoes A.D. JAIN, JUDICIAL MEMBER AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER IT APPEAL NO. 435 (AGRA) OF 2015 [ASSESSMENT YEAR 2010-11] SEPTEMBER  28, 2017 Waseem Arshad, Sr. Dr. for the Appellant. Saheb P. Satsangee, C.A. for the Respondent. ORDER   A.D. Jain, Judicial Member – This… Read More »

No TDS on reimbursement of expenses if it had no income element: HC

By | April 3, 2018

No TDS on reimbursement of expenses if it had no income element: HC if no income is attributable to the payee, there is no liability to deduct tax at source in the hands of the tax deductor. HIGH COURT OF KARNATAKA Commissioner of Income Tax v. Kalyani Steels Ltd. MRS. S. SUJATHA AND JOHN MICHAEL CUNHA, JJ.… Read More »

Delay in filing ITR due to not getting NOC from erstwhile auditor condoned : HC

By | April 2, 2018

HIGH COURT OF MADRAS REGEN Powertech (P.) Ltd. v. Central Board of Direct Taxes, New Delhi M. DURAISWAMY, J. W.P. NO. 24273 OF 2016 MARCH  28, 2018 Vijaya Narayanan, Sr. Counsel and R. Sivaraman for the Petitioner. Mrs. Hema Muralikrishnan, Sr. Standing Counselfor the Respondent. ORDER 1. The petitioner has filed the above Writ Petition to issue a writ of… Read More »

Delay in filing ITR to be condoned for HUF if same was allowed to Karta in identical circumstances: HC

By | April 2, 2018

HIGH COURT OF GUJARAT Sahebsingh Bindrasingh Senagar (HUF) v. Chief Commissioner of Income-tax-1 AKIL KURESHI AND B.N. KARIA, JJ. SPECIAL CIVIL APPLICATION NO. 21411 OF 2017 FEBRUARY  21, 2018 Hardik V. Vora, Adv. for the Petitioner. Mrs. Mauna M. Bhatt, Adv. for the Respondent. JUDGMENT   Akil Kureshi, J. – The petitioner has challenged an order dated 1.8.2017 passed by the Chief… Read More »

No penalty if Income Tax notice didn’t specify concealment or furnishing inaccurate income

By | March 28, 2018

Issue A copy of the show cause notice u/s 274 of the Act was filed before us and perusal of the same reveals that AO has not struck out the irrelevant portion in the show cause notice The same is reproduced for the purpose of ready reference: “Have concealed the particulars of your income or… Read More »