Tag Archives: ITAT Judgments

Hoarding charges for advertisement on boundary walls is House Property Income

By | March 5, 2020

Chaitanya Developers Vs Addl. CIT (ITAT Mumbai) ITA No. 1341/Mum/2017 09/04/2019 Related Assessment Year : 2011-12 FULL TEXT OF THE ITAT JUDGEMENT This is an appeal filed by the assessee. The relevant assessment year is 2011-12. The appeal is directed against the order of the Commissioner of Income Tax-33, Mumbai [in short ‘CIT(A)’] and arises… Read More »

No Section 12A registration denial if objects were charitable & activities were genuine

By | March 4, 2020

Shri Dhar Sabha Vs CIT – Exemption) (ITAT Amritsar) ITA No. 53/ASR/2017 08/01/2020 FULL TEXT OF THE ITAT JUDGEMENT On account of difference of opinion between the Ld. Accountant Member and Ld. Judicial Member of the ITAT, Amritsar Bench, this matter has been referred to me by the Hon’ble President ITAT for consideration and disposal… Read More »

Belated Service Tax payment allowable on actual payment basis

By | March 4, 2020

Wyzmindz Solutions Pvt. Ltd. Vs ITO (ITAT Bangalore) ITA No. 3417/Bang/2018 30/01/2020 2014-2015 FULL TEXT OF THE ITAT JUDGEMENT This appeal filed by the assessee is directed against the order of the CIT(A), dated 25.10.2018. The relevant assessment year is 2014-2015. 2. This is the second round of this appeal before the Tribunal. In the… Read More »

No disallowance for payment to related parties without demonstrating that payment made was excessive and unreasonable

By | March 4, 2020

Motilal Laxmichand Sanghavi Vs ACIT (ITAT Mumbai) IT Appeal Nos. 3110 to 3112 (Mum.) of 2018 26/07/2019 Related Assessment Year : 2012-13, 2013–14 & 2014–15 FULL TEXT OF THE ITAT JUDGEMENT Captioned appeals filed by the same assessee arise out of three separate orders, all dated 12th March 2018, of learned Commissioner of Income Tax (Appeals)–6, Mumbai,… Read More »

Depreciation allowed on License/registration fee paid to Indian Railways

By | March 4, 2020

ACIT Vs Central Warehousing Corpn. (ITAT Delhi) ITA No. 5449/Del/2017 12/02/2020 Related Assessment Year : 2012-13 FULL TEXT OF THE ITAT JUDGEMENT Challenging the order dated 21/03/2017 in appeal No. 40/15-16 passed by the learned Commissioner of Income Tax (Appeals)-2, New Delhi (“Ld. CIT(A)”), for assessment year 2012-13, in the case of M/s. Central Warehousing… Read More »

Leased property exceeding 12 year eligible for Section 54F exemption

By | March 3, 2020

 Shri N. Ramaswamy Vs ITO (ITAT Chennai)  ITA No. 925/Chny/2019 06/12/2019 Related Assessment Year : 2014-2015 FULL TEXT OF THE ITAT JUDGMENT This appeal of the assessee is directed against the order of the Principal Commissioner of Income Tax -1, Chennai, dated 12.02.2019 for the assessment year 2014-15, passed under Section 263 of the Income-tax Act, 1961… Read More »

Loss claimed in Revised Return allowable despite Non-disclosure in Original Return

By | March 3, 2020

Sarvajit Bhatia Vs ITO (ITAT Delhi) ITA No. 6695/Del/2018 21/08/2019 2015-16 FULL TEXT OF THE ITAT JUDGEMENT This appeal filed by the assessee is directed against the order dated 29.08.2018 of the CIT(A)-19, Faridabad relating to A. Y.2015-16. 2. Facts of the case, in brief, are that the assessee is an individual and derives income from… Read More »

Expense against carbon credit (Capital Receipt) not deductible

By | March 3, 2020

Rajshree Sugars and Chemicals Limited Vs ACIT (ITAT Chennai) ITA No.1126/Chny/2011 05/12/2019 2007-08 FULL TEXT OF THE ITAT JUDGEMENT This is an appeal filed by the Assessee against the order of the learned Commissioner of Income Tax (Appeals)-I, Coimbatore in ITA No.188/09-10 dated 01.03.2011 for the Assessment Year 2007-08. 2. Shri R. Vijayaraghavan, Advocate represented on… Read More »

Receipts from leasing of cinema hall with furniture & fixtures, plant & machineries and other amenities, was “business income”

By | March 2, 2020

Deep Muliplex P.Ltd. Vs DCIT (ITAT Ahmedabad) ITA. No. 1719/Ahd/2017 12/02/2020 2012-13 FULL TEXT OF THE ITAT JUDGEMENT Assessee is in appeal before the Tribunal against order of the ld. CIT(A)-1, Vadodara dated 23.1.2015 passed for the Asstt.Year 2012-13. 2. At the outset, it was brought to my notice that appeal of the assessee is barred… Read More »

Amendment to partnership deed not registered with Registrar are not legally enforceable

By | March 2, 2020

GRK Agencies Vs ITO (ITAT Amritsar) ITA No. 412/Asr/2018 10/04/2019 2014-15 FULL TEXT OF THE ITAT JUDGEMENT This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-2, Amritsar (‘CIT(A)’ for short) dated 17.05.2018, dismissing the assessee’s appeal contesting its’ assessment u/s. 143(3) of the Income Tax Act,… Read More »