Category Archives: Income Tax Judgments

Income from letting out warehouse for short duration was business income

By | March 27, 2018

As per the Hon’ble Madras High Court, the income earned from letting-out of warehouse and godown was chargeable under the head ‘income from business’ having regard to the facts and circumstances of the case. In the case before the Hon’ble High Court, assessee was engaged in the business of warehousing, handling and transport business and… Read More »

How to Tax Gifts received by ‘Mayawati ‘ – Politician : Explained by ITAT

By | March 26, 2018

[2010] 42 SOT 59 (DELHI) IN THE ITAT DELHI BENCH ‘E’ Deputy Commissioner of Income-tax, Central Circle-11, New Delhi v. Mayawati R.P. TOLANI, JUDICIAL MEMBER AND SHAMIM YAHYA, ACCOUNTANT MEMBER IT APPEAL NOS. 4259/DELHI/2007 AND 2078 & 2079/DELHI/2009 AUGUST 27, 2010 S.D. Kapila and R.R. Maurya for the Appellant. Dr. Rakesh Gupta, Dr. R.K. Agarwal, Ashwani Taneja and Tarun Kumar for the… Read More »

Gifts/Prizes/Awards/Rewards received by sportsman not taxable if he is not professional

By | March 26, 2018

IN THE ITAT DELHI BENCH ‘A’ Abhinav Bindra v. Deputy Commissioner of Income-tax, Central-2, Dehradun G.D. AGRAWAL, VICE-PRESIDENT AND R.P.TOLANI, JUDICIAL MEMBER IT APPEAL NO. 2219 (DELHI) OF 2013 [ ASSESSMENT YEAR 2009-10 ] JULY  26, 2013 Ashwani Kumar for the Appellant. Bhim Singh for the Respondent. ORDER G.D. Agrawal, Vice-President – This appeal by the assessee is directed against… Read More »

Court cannot go into sufficiency of reasons for special audit : High Court

By | March 26, 2018

HIGH COURT OF KARNATAKA Habitat Shelters (P.) Ltd. v. Principal Commissioner of Income Tax, Bangalore DR. VINEET KOTHARI, J. WRIT PETITION NO. 2009 OF 2018 (T – RES) FEBRUARY  12, 2018 Anirudha R.J. Nayak, Adv. for the Petitioner. ORDER   1. The petitioner-M/s.Habitat Shelters Private Limited has filed this Writ Petition aggrieved by the directions of holding… Read More »

Expenses for property taxable as house property income couldn’t be allowed as business exp. : ITAT

By | March 25, 2018

IN THE ITAT KOLKATA BENCH ‘D’ Mangilall Estates (P.) Ltd. v. Deputy Commissioner of Income tax, Central Circle-1(3), Kolkata ABY T. VARKEY, JUDICIAL MEMBER AND WASEEM AHMED, ACCOUNTANT MEMBER IT APPEAL NO. 156 (KOL.) OF 2015 [ASSESSMENT YEAR 2012-13] FEBRUARY  21, 2018 Subash Agarwal, Adv. for the Appellant. A.K. Tiwari, CIT-DR for the Respondent. ORDER Waseem Ahmed, Accountant Member –… Read More »

Gift from relative , No need to prove occasion : Sec. 68 additions deleted by HC

By | March 20, 2018

HIGH COURT OF HYDERABAD Pendurthi Chandrasekhar v. Deputy Commissioner of Income tax C.V. NAGARJUNA REDDY AND CHALLA KODANDA RAM, JJ. IT APPEAL NOS. 701 AND 702 OF 2016 FEBRUARY  23, 2018 JUDGMENT C.V. Nagarjuna Reddy, J.— As the parties to these appeals are common and the subject matter is connected in both the cases, though not identical,… Read More »

Advance tax couldn’t be treated as tax paid under PMGKY : Delhi HC

By | March 15, 2018

HIGH COURT OF DELHI Virag Tiwari v. Principal Commissioner of Income-tax SANJIV KHANNA AND MS. PRATHIBA M. SINGH, JJ. WRIT PETITION (CIVIL) NO. 6312 OF 2017 MARCH  12, 2018 Balbir Singh, Sr. Adv. Rajesh Jain and Ms. Rubal Bansal, Advs. for the Petitioner. Zoheb Hossain, Sr. Standing Counselfor the Revenue. ORDER Sanjiv Khanna, J. – The writ petitioner, an advocate by profession and… Read More »

CBDT Circular are Binding on Revenue (Income Tax Department officers)

By | March 11, 2018

CBDT Circular are Binding on Revenue  J.C.I.T. Vs. M/s. Celica Developers Pvt. Ltd. (ITAT Kolkata) Appeal Number : ITA No. 658/Kol/2016 Date of Judgement/Order : 21/11/2017 Related Assessment Year : 2007- 08 Summary of Decision : J.C.I.T. Vs. M/s. Celica Developers Pvt. Ltd. (ITAT Kolkata) It is a settled law that the Circulars issued by CBDT… Read More »

No penalty u/s 221 be levied for non-payment of self-assessment tax by assessee : Mumbai ITAT

By | February 28, 2018

IN THE ITAT MUMBAI BENCH ‘A’ Heddle Knowledge (P.) Ltd. v. Income Tax Officer, Ward- 8 (1) (4), Mumbai G.S. PANNU, ACCOUNTANT MEMBER AND RAM LAL NEGI, JUDICIAL MEMBER IT APPEAL NO. 7509 (MUM.) OF 2011 [ASSESSMENT YEAR 2009-10] JANUARY  19, 2018 Pavan Ved for the Appellant. Rajesh Kumar Yadav for the Respondent. ORDER G.S. Pannu, Accountant Member – The… Read More »

Film Projector could not be treated as computer for charging depreciation : ITAT

By | February 28, 2018

Issue Assessing Officer in disallowing the claim of Depreciation amounting to Rs. 91,87,713/- on the alleged plea that the Film Projector is to be depreciated @ 15% instead of 60%, IN THE ITAT MUMBAI BENCH ‘SMC’ Cinetech Entertainment India (P.) Ltd. v. Income Tax Officer, Ward- 16 (1) (1), Mumbai SHAMIM YAHYA, ACCOUNTANT MEMBER IT… Read More »