Tag Archives: ITAT Judgments

Excess stock already accounted by Assessee before search cannot be taxed as undisclosed Income

By | March 2, 2020

ACIT Vs New Horizons Limited (Kolkata High Court)  I.T.A. No. 2127/KOL/2017 28/08/2019 2015-2016 FULL TEXT OF THE ITAT JUDGEMENT Per Shri P.M. Jagtap, Vice-President (KZ):- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-21, Kolkata dated 04.07.2017 on the following grounds:- “1. In the facts and circumstances of… Read More »

No Service Tax Disallowance if same not forms part of Turnover- Section 43B

By | March 2, 2020

SDCE Projects (P) Ltd. Vs DCIT (ITAT Ahmedabad) ITA No. 2556/AHD/2017 01/10/2019 FULL TEXT OF THE ITAT JUDGEMENT The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax (Appeals)-2, Vadodara dated 10/08/2017 (in short “Ld. CIT(A)”) arising in the matter of assessment order… Read More »

Sec 12AA Registration cannot be denied to trust established to comply CSR obligations

By | June 3, 2019

ITAT Delhi Escorts Skill Development Vs CIT (Exemptions)  ITA No. 527/Del/2017 Dated  26/04/2019 Since common questions of facts and law have been raised in both the aforesaid appeals, the same are being disposed off by way of composite order to avoid repetition of discussion. 2. The Appellant, Escorts Skill Development (hereinafter referred to as the… Read More »

No Penalty as Show Cause Notice issued in Casual manner : ITAT

By | May 6, 2019

A bare reading of the above notice suggests that the notice has been issued in a casual fashion. The Assessing officer has not applied his mind and no specific charge is mentioned for which the assessee was required to be show caused. In absence of the requisite contents of specific charge the initiation of proceedings… Read More »

Exemption U/s. 54F allowed even if investment in mutual fund made prior to purchase of residential house : ITAT

By | April 20, 2019

Held :- In our view deposit of money by the assessee inter-alia in mutual fund prior to purchase of residential house albeit will not make any difference if the assessee had purchased the residential house within the time provided by the Act ACIT Vs Shri. Sunil Bandacharya Joshi (ITAT Bengaluru) Appeal Number : ITA No.… Read More »

No Addition of Income on property transfer as Power of Attorney holder : ITAT

By | April 20, 2019

Mere recovery of POA from the possession of the assessee is not enough to estimate income against the assessee. The law is clear that POA is meant for doing the certain acts on behalf of the principal. It is also subject-matter of cancellation. Only certain acts which have been authorised by the POA could be… Read More »

No disallowance if TDS not deducted on Freight charges and payee shown income in ITR : ITAT

By | April 19, 2019

ITAT Kolkata Modern Impex Vs Assistant Commissioner of Income-tax   I.T.A. No. 755/Kol/2018 Date of Judgement : 27/03/2019 Related Assessment Year : 2012-13 FULL TEXT OF THE ITAT JUDGEMENT This is an appeal preferred by the assessee against the order of Ld. CIT(A)-9, Kolkata dated 23.03.2018 for AY 2012-13. 2. Ground nos. 1 and 6 are general… Read More »

Delay in filing Appeal due to fault of CA condoned : ITAT

By | April 19, 2019

From time to time assessee was in touch with his CA, however, on 27.05.2018 when the assessee visited the office of the CA, he was informed that CA has expressed his inability to file the second appeal as he was not much conversant with the Tribunal matters. Thereafter, the assessee took steps and engaged different… Read More »

CIT(A) cannot permit an assessee to withdraw an appeal or dismiss without deciding it on merit : ITAT

By | April 18, 2019

ITAT Mumbai Ms Deekay Gears Vs ACIT  ITA No. 2366/Mum./2018 Date of Judgement: 16/01/2019 Related Assessment Year : 2009-10 Aforesaid appeal has been filed by the assessee challenging the order dated 21stSeptember 2017, passed by the learned Commissioner (Appeals)-40, Mumbai, pertaining to assessment year 2009-10. 2. There is a delay of 116 days in filing… Read More »

No TDS U/s. 195 on commission paid to USA based payee for services rendered outside India : ITAT

By | April 18, 2019

Non-resident company which did not have any permanent establishment India and the services by the said company was rendered outside India and such no services was rendered or no activity was performed in India   section 195 of the Act comes into play only if the concerned recipient’s income is chargeable to tax in India.… Read More »