Income Tax Proceedings after Amalgamation not Valid: ITAT quashes Order against Honda Cars India [Read Order]
The Income Tax Appellate Tribunal, Delhi bench has held that the proceedings against the amalgamated company after amalgamation cannot be sustainable under the Law and thereby quashed the income tax proceedings against Honda Cars India
Service Tax paid to the Government has no relevance in determining presumptive Tax: ITAT Mumbai [Read Order]
The Mumbai bench of the Income Tax Appellate Tribunal recently ruled that the amount collected and paid to the government cannot be included to the total income of the assesse for the purpose of computing
Compensation paid to Buyers of Flats is Deductible as Business Expenditure of the Developer: ITAT Pune [Read Order]
In a recent decision, the Pune bench of the Income Tax Appellate Tribunal held that the compensation paid to the buyer for delayed possession of flat is business expense and therefore, it is deductible from
Penalty won’t attract When the Addition on Account of Deeming Fiction is based on some kind of estimate given by Govt. Valuer: ITAT [Read Order]
The Kolkata bench of Income Tax Appellate Tribunal comprising N.K. Saini, (Accountant Member) and Amit Shukla, (Judicial Member) said that penalty cannot be levied when the addition on account of deeming fiction is based on
Assessee is free to extend credit facility to any concern; AO cannot compel them for conducting the Business: ITAT Ahmedabad [Read Order]
The Ahmedabad bench of the Income Tax Appellate Tribunal, in recent ruling opined that the assessee is free to choose the concerns to which it wants to extend the credit facility. The Assessing Officer cannot
Income Tax Provisional Attachment against PC Officials Expires: Delhi HC disposes Petition requesting release of 2.5 cr [Read Order]
The Delhi High Court has recently dismissed a petition by P C Financial Services Private Limited observing that the provisional attachment order has expired. Recently, the Reserve Bank of India (RBI) has cancelled the certificate
Re-Assessment without ‘Fresh Material’ is Invalid: Delhi HC allows Rolls Royce’s Plea [Read Judgment]
In a major relief to Rolls Royce Industrial Power India Ltd, Justices S Muralidhar and Chander Sekhar held that S. 147/148 reassessment has to be based on "fresh material". In the opinion of the bench,
Reassessment on incorrect facts and by non-application of mind is bad in Law: ITAT [Read Order]
The Income Tax Appellate Tribunal, Delhi Bech “C” quashes the order of reassessment passed on grounds of incorrect facts, non-application of mind and failure to furnish reasons to the assessee. In the appeal preferred by
Reassessment Proceedings u/s 153 A Income Tax Act cannot be Triggered in Absence of Incriminating Material: Delhi HC [Read Order]
In a recent case, the Delhi High Court reassessment proceedings under section 153 A of the Income Tax Act, 1961 cannot be triggered in the absence of incriminating material. The appellant/revenue, seeking condonation of delay
Land Acquisition Office not liable to pay TDS on Payment of Interest to Land Owners on Enhanced Compensation awarded by Court: ITAT [Read Order]
The Income Tax Appellate Tribunal, Delhi bench has held that the Land Acquisition Office is not liable to pay TDS under section 194A of the Income Tax Act, 1961 on the payment of Interest to
Deposit made by Subscriber of Inter Corporate Deposit, issued by Company on Fixed Rate of Interest, cannot be treated as Loan: ITAT [Read Order]
The New Delhi bench of the Income Tax Appellate Tribunal recently declared that deposit made by subscriber of Inter Corporate Deposit, issued by company on fixed rate of interest, cannot be treated as loan. A
Non-Imposition of Penalty in Assessment Order Constitute Error causing Prejudice to the Interest of Revenue: ITAT Upholds Revision [Read Order]
While upholding an order of revision, the Income Tax Appellate Tribunal, Kolkata bench recently held that non-initiation of penalty proceedings in the order of assessment would amount to error causing prejudice to the interest of
Deduction u/s 80HHC Income Tax Act to be Computed after Reducing Deduction u/s 80IA from Profit: ITAT [Read Order]
The Delhi Bench of the Income Tax Appellate Tribunal held that deduction allowed under Sec. 80-IA of Income Tax Act had to be reduced from the profits for computing deduction under Sec. 80HHC of Income
ITAT directs AO to Fresh Consideration for Additions made after Completion of Assessment without Incriminating Evidence
The Indore Bench of the Income Tax Appellate Tribunal directed the Assessing Officer to re-examine the additions made for years in respect of which assessments were completed, as well as an addition made on the
Interest on Enhanced Compensation for Land Acquisition: No Addition Even If TDS was Deducted, rules ITAT [Read Order]
In a significant ruling on the Interest on enhanced compensation for land acquisition, the Delhi bench of the Income Tax Appellate Tribunal has held that addition will not sustain even if TDS was deducted. The