Category: Judgments

ITAT Visakhapatnam in a recent judgment has ruled that Assessing Officer cannot sit in the chair of the businessman and direct him to do business in a particular fashion. The ITAT deleted the notional interest charged by AO on sundry debtors based on the fact that assessee charged interest for the …

In a recent judgment, ITAT Chennai has held that when the amendment was made in the . of the society it related back to the date of original establishment and hence the society was entitled for registration u/s 12AA with effect from its date of establishment. Case Details: INCOME …

In a recent judgment Chennai ITAT has upheld the addition made for notional house rent under the provisions of section 23 of the Income Tax Act, 1961, . It was held that: (a) When the assessee is the legal owner of the property; and (b) The property was …

Cancellation registration u/s 12AA of a charitable trust based on oral statement related to bogus donation entries without any evidence giving opportunity to cross-examine the witness quashed by ITAT Case Details: INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW ITA No.792/LKW/2015 Assessment Year:2011-12 M/s Fateh Chand Charitable Trust …

The deduction claimed for a  pay/wage revision is an ascertained liability and cannot be termed as contingent because the wage and probable revision or rates of revision would be within the fair estimation of the employer. Case Law Details: INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI I.T.A …

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 …