Category: Judgments

In a recent order, ITAT Ahmedabad has held that the credit of self assessment tax paid which has the same effect as advance tax, and tax deducted or collected at source, can not be denied for the purpose of charging interest upon the assessee under section 234A. Case Details: …

ITAT, Ahmedabad has held that sale of shops by the assessee which were distributed on dissolution of partnership firm amounts to capital gain not business income. Case Details: ITA.No.1239/Ahd/2012 Asstt. Year: 2008-2009  DCIT vs. Mafatlal Nathalal Patel Date of Order: 01/04/2016 Brief Facts of the Case: The assessee was partner in …

In a recent judgment, ITAT Mumbai has held that as per CBDT circular no. 09 of 2014, construction cost on development of infrastructure facility of roads/highways under BOT project may be amortized and claimed as income tax business expenditure Case Details: ITA No.644/M/2013  Assessment Year: 2009-10 M/s. Koratalaiyar Bridge …

In a recent judgment, ITAT Amritsar has quashed penalty imposed u/s 271(1)(c) for non declaration of bank fixed deposit interest when the assessee due to her old age, forgot to obtain the information and certificates from the bank on account of accrual of interest Case Details: ITA No.170(Asr)/2014 Assessment …

In a recent judgment, ITAT Delhi has held that it is not pre-requirement for seeking registration u/s 12A of the Income tax Act, 1961 that the applicant must show and establish having undertaken charitable activities before filing such application for registration u/s 12A. Case Details: ITA No. 3766 …

The Union Budget 2016-17 has proposed withdrawal of the service tax exemption to senior advocates in relation to services provided to other advocates or partnership law firms. Accordingly Service Tax Notification 18/2016 and Notification No. 09/2016 had been issued. The said withdrawal of exemption to senior advocates was challenged in …

In its latest judgment, the Supreme Court has held that the transaction charges paid to the Bombay Stock Exchange by its members are not for ‘technical services’ and hence no TDS on such payments is deductible under Section 194J of the Income Tax Act 1961. Case Details: Civil Appeal No. 3141 …

In a recent judgment, the Delhi High Court has held that Indian National Congress Party (INC) (I) not entitled to exemption u/s 13A of the Income tax Act, 1961 for AY 1994-95 being failed to fulfil the three conditions of keeping books of accounts, maintaining records of voluntary contributions …

In a recent judgment, ITAT Amritsar has upheld that the mere AIR information that deposits were made in a bank account do not indicate that these deposits constitute an income which has escaped assessment. Case Details: ITA No.129(Asr)/2015 Assessment year:2005-06 Ashwani Kumar vs. Income Tax Officer Date of Order/Judgment: 23/02/2016 Facts …

In a recent judgment, ITAT, Amritsar has ruled that CIT(A) was right in taking the the highest amount of cash deposits in the Bank Account at any point of time as maximum peak credit instead of considering the closing balances for the day instead for making addition u/s 69A Case …