Category: ITAT

Reimbursement of expenses not “Work” to fall within the ambit of TDS under section 194C ITAT Delhi in a recent judgment has held that reimbursement of respective shares in composite expenses incurred by the group companies is not covered under deduction of tax at source (TDS) liability u/s 194C. Case …

Rent from commercial property taxable as business income not house property-ITAT INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT ITA No: 337/Rjt/2013 & C.O. No. 3/Rjt/14 Assessment Year: 2009-10 ITA Nos: 98 & 99/Rjt/2015 Assessment Years: 2010-11 & 2011-12 Parties: Income tax Officer vs. M/s Ultravision Associates Date of Order: …

Section 79 do not apply to carry forward and set off of unabsorbed depreciation in case of change in shareholding INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘A’, BANGALORE I.T(TP).A No.635/Bang/2015 (Assessment Year : 2009-10) M/s. Swiss Re Healthcare Services P. Ltd ….. Appellant  vs. Principal Commissioner of Income-tax …Respondent Date …

Capital Gain Exemption u/s 54B investment in wife name allowed but disallowed in bhabhi name ABCAUS Citation:910 (2016) (03) 2016 Date/Month of Order: March, 2016 ORDER This is an appeal filed by Revenue against the order of learned CIT(A), Ludhiana, dated 17.10.2014, for the Asst. Year 2009-10. 2. The …

Disallowance u/s 40A(3) for cash payments cannot be made if genuineness not doubted – ITAT INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR I.T.A No. 102(Asr)/2014 Assessment Year: 2010-11 Rakesh Kumar (Appellant) vs. Asst. CIT (Respondent) Date of Order: 09-03-2016 ORDER PER T. S. KAPOOR (AM): This is an appeal filed by …

Input VAT credit reversal deduction to be allowed on payment basis u/s 43B irrespective of separate VAT account INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘SMC’ BENCH, KOLKATA I.T.A. No. 1047/KOL/ 2015 Assessment Year: 2009-2010 BDG Metal and Power Limited … Appellant vs. Deputy Commissioner of Income Tax… Respondent Date of Order: …

AO if not satisfied must compute FMV 56(2)(viia) Rule 115UA himself. Where a method has been prescribed by the legislature, that method alone shall be followed for computation of the fair market value INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” : HYDERABAD ITA.No.871/Hyd/2015 Assessment Year 2011-2012 M/s. Medplus …

Interest on Fixed Deposit given as Bank Guarantee pre-requisite condition to pollution Board is capital receipt as business activities not commenced INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘‘A’ SMC, NEW DELHI I.T.A .No.-6257/DEL/2015 (ASSESSMENT YEAR-2012-13) NV International Pvt. Ltd. (APPELLANT)  vs. ITO (RESPONDENT) Date of Order: 08-03-2016 ORDER PER SUCHITRA …

Addition cannot be made on the basis of the statement recorded during survey under section 133A INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”, NEW DELHI I.T.A. No. 6509/DEL/2014 A.Y. 2010-11 M/S IIBS INFONET (P) LTD (APPELLANT)  vs. ACIT (RESPONDENT) Date of Order: 08/03/2016 ORDER PER H.S. SIDHU : JM This appeal by …

Penalty-271(1)(c) – share application money received from different companies with common addresses The Explanation 1 to section 271(1)(c) raises rebuttable presumption and once the assessee has furnished all the evidences in support of its explanation and has substantiated his claim then the onus cost upon him is discharged and …