Category: Judgments
Reassessment proceedings cannot be resorted to only to examine the facts of a case, no matter how desirable that be unless there is a reason to believe, rather than suspect, that an income has escaped assessment. Case Details: Income Tax Appellate Tribunal, New Delhi ITA No.3052/Del./2013 (AY:2004-05) M/s. Excellent …
Itemized sale of the plant and machinery of chemical unit vide agreement was not the sale of the unit as a going concern and hence, the sale cannot be treated as slump sale u/s 2(42C) INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA I.T.A No.330/Kol/2013 Assessment Year: 2009-10 Hindustan Engineering & …
Issuance of notice under Rule 19 of the ITAT Rules, 1961, itself does not make the appeal admissible. Non-attendance makes the appeal defective. Case Details: INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H” NEW DELHI ITA no. 1231/Del/2014 A.Y. 2008-09 Winspir Communication vs. ACIT Date of Order/Judgment: 15/03/2016 Held: Rule …
Deduction u/s 10A of the Income Tax Act, 1961 is allowable without setting off of brought forward losses/unabsorbed depreciation. When there are two judgments of the very same High Court by benches of equal strength, then the later judgment of the High Court has to be followed. Case Details: INCOME …
Assessee not liable to Long Term Capital Gain for being registered owner where the land was leased out to a builder company for construction of flats and payments for flat sales were received directly by the builder. Case Details: INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI I.T.A. No 4518/Mum/2012 Assessment …
In case there is no change in the facts, situation or in law, the Revenue cannot be allowed to adopt a different stand. Rental income is treated as income from house property and not income from profession or profession. Case Details: INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” Asstt. …
Additions made for non furnishing name address details of raddi-wallas for purchases made deleted In case of purchases made from small raddi-walas/kabadi-walas it is not practically possible to have them supported by bills. It is equally not possible to furnish details of such small raddi-walas/kabadi-walas. Case Details: INCOME TAX APPELLATE TRIBUNAL …
Unexplained expendiure addition u/s 69C made for peak negative cash balance without giving benefit of capitalisation of sums disclosed in earlier assessment years deleted INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, NEW DELHI (CIRCUIT BENCH AT MEERUT) ITA No. 6787/DEL/2011 (Asstt. Year: 2011-12) Rajeev Rastogi vs. ACIT Date of …
Deduction u/s 80IC available for manufacturing of PET bottles, Caps, jars etc. which are not plastic articles and do not fall in the negative list items mentioned in the 13th schedule. INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’: NEW DELHI ITA No. 1309Del/2013 Assessment Year: 2009-10 ITO vs. M/s …
While reversing order of CIT(A), Tribunal duty bound to examine and discuss reasons given While reversing the order of the CIT(A) the Tribunal is duty bound to examine and discuss the reasons given by the CIT(A) to hold one way or the other and then to dispel those …