Category: Judgments

Rented Building Renovation-Repair Expenses are Current Repairs allowable u/s 30. Accumulated repairs not allowed only when assessee owns building-ITAT

Rented Building Renovation-Repair Expenses are Current Repairs allowable u/s 30. Accumulated repairs not allowed only when assessee owns building-ITAT

June 4, 2016 Income Tax, ITAT, Judgments
Rented Building Renovation-Repair Expenses are Current Repairs allowable u/s 30. Accumulated repairs not allowed only when assessee owns building, as a tenant cost of repairs to the premises is allowable whether they are accumulated or current this was held by ITAT Delhi in a recent judgment detailed as …
Service tax Department can not audit under rule 5A2-Delhi HC quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to FA

Service tax Department can not audit under rule 5A2-Delhi HC quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to FA

June 3, 2016 High Courts, Judgments, Service Tax
Service tax Department can not audit under rule 5A(2)-Delhi High Court quashes/Strikes down Rule 5A2 and Notification 23/2014 Circular 181/7/2014 Ultra Vires to Finance Act. Case Law Details: W.P.(C) 5192/2015 & CM No. 9417/2015 Mega Cabs Pvt. Ltd (Petitioner) vs. UOI and Ors (Respondents) Date of Judgment: 03/06/2016 …
Consent of assessee cannot give AO right to make additions. the consent of the assesse/authorised representative cannot be a reason to sustain the addition.

Consent of assessee cannot give AO right to make additions. the consent of the assesse/authorised representative cannot be a reason to sustain the addition.

May 30, 2016 Income Tax, ITAT, Judgments
Consent of assessee cannot give AO right to make additions. the consent of the assesse/authorised representative cannot be a reason to sustain the addition. This was upheld by ITAT Chennai in a recent judgment as under: Case Details: ITA Nos. 300 to 303/Mds/2016 Assessment Years : 2010-11 to 2013-14 M/s. …
Penalty us 271C-Contumacious conduct of assessee necessary to be established before penalty for failure to deduct tax (TDS) can be imposed-Supreme Court

Penalty us 271C-Contumacious conduct of assessee necessary to be established before penalty for failure to deduct tax (TDS) can be imposed-Supreme Court

May 29, 2016 Income Tax, Judgments, Supreme Court
Penalty us 271C-Contumacious conduct of assessee necessary to be established before penalty for failure to deduct tax at source (TDS) can be imposed-Supreme Court Case Details: Civil Appeal No. 1704 of 2008 Commr. of Income Tax Delhi (Appellant)  vs. Bank of Nova Scotia (Respondent) Date of Judgment: 07/01/2016 Coram: …
Self-made cash payment vouchers disallowance made for truck hire charges doubting genuineness of expenditure without any enquiry deleted by ITAT

Self-made cash payment vouchers disallowance made for truck hire charges doubting genuineness of expenditure without any enquiry deleted by ITAT

May 29, 2016 Income Tax, ITAT, Judgments
Self-made cash payment vouchers disallowance additions made for truck hire charges doubting genuineness of expenditure without making any enquiry was deleted by ITAT Kolkata. Case Law Details: I.T.A. No. 1182 /KOL/ 2013 Assessment Year: 2008-2009 Assistant Commissioner of Income Tax vs. Shyam Sundar Agarwal Date of Judgment/Order: 27/05/2016 Important …
No disallowance us 14A on presumption when assessee not claimed any exempt income expenditure. No revision us 263 for view taken as per procedure prescribed

No disallowance us 14A on presumption when assessee not claimed any exempt income expenditure. No revision us 263 for view taken as per procedure prescribed

May 29, 2016 Income Tax, ITAT, Judgments
No disallowance us 14A on presumption only-If the assessee has not claimed any expenditure on exempt income and there can not be any disallowance under section 14A on mere presumption. This was held by ITAT Kolkata in a recent judgment as under: Case Law Details: I.T.A No. 1336/Kol/2013 …
Indirect expenses can never be in proportion to sale. There was no reason to ask justification to explain variation in expenses for the fluctuation in sales

Indirect expenses can never be in proportion to sale. There was no reason to ask justification to explain variation in expenses for the fluctuation in sales

May 29, 2016 Income Tax, ITAT, Judgments
Indirect expenses can never be in proportion to sale. There was no reason to ask justification to explain variation in expenses for the fluctuation in sales and make addition of projected expenses on the basis of increase in sale.  This was held by ITAT, Chandigarh while quashing additions …