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Showing 1 to 20 of 258964 Records

  • 2017 (11) TMI 1230 - CESTAT NEW DELHI (LB)

    M/s. ITM International Pvt. Ltd. Versus C.S.T., Delhi

    Commercial Training and Coaching service - fees received for offering courses of London School of Economics (University of London) resulting in issue of degree by the University of London - Fee received for coaching provided for Business English and Personality Development - scope of service - difference of opinion - majority order. - Held that - On the first issue, regarding courses offered by the appellant resulting in the degrees/diplomas awar....... + More


  • 2017 (11) TMI 1229 - SUPREME COURT

    The Principal Commissioner of Income Tax -19 Versus Neeraj Jindal

    Penalty u/s 271(1)(c) - Whether under Section 271(1)(c) as it stood prior to the insertion of Explanation 5, levy of penalty is automatic if return filed by the assessee under Section 153A of the Act discloses higher income than in the return filed under Section 139(1)? - Held that - The special leave petition is dismissed. - The question of law is, however, kept open. - HC has held 2017 (2) TMI 1002 - DELHI HIGH COURT Once the assessee files a r....... + More


  • 2017 (11) TMI 1228 - SUPREME COURT

    Pr. Commissioner of Income Tax Versus Amrik Singh Basra

    Capital gain computation - rights emanating from the JDA, legal effect of non registration of JDA, its alleged repudiation etc. - pro-rata transfer of land - Transfer exigible to tax by reference to Section 2(47)(v) read with Section 53-A of the Transfer of Property Act, 1882 - HC has held 2017 (5) TMI 847 - PUNJAB AND HARYANA HIGH COURT that no infirmity in the order of the learned CIT (Appeals) in directing the Assessing Officer to recompute th....... + More


  • 2017 (11) TMI 1227 - KERALA HIGH COURT

    Kanan Devan Hills Plantations Company Pvt Ltd. Versus The Assistant Commissioner Of Income Tax, Circle - 1 (2) , Kochi

    Eligibility to deduction u/s 80-IA - Has the Appellate Tribunal any material or evidence on record to justify its finding that the assessee has not substantially renovated and modernised the transmission and distribution lines within the meaning of Section 80-IA? - Held that - If we look at the scheme of Section 80-IA(2), it does not speak about the business of assessee but of undertaking or enterprise . Then, an undertaking or an enterprise alon....... + More


  • 2017 (11) TMI 1226 - MADRAS HIGH COURT

    T.R. Shanmugagsundaram Versus Deputy Commissioner of Income Tax, The Commissioner of Income Tax (Appeals)

    Stay petition - revenue has rejected the said petition on the ground that the petitioner has not paid 20 of the disputed tax - Held that - Writ Petition is disposed of, with the slight modification to the impugned order (i) by permitting the 1st respondent to encash the fixed deposit of ₹ 95 lakhs together with interest accrued till the date of encashment and reckon the payment towards the disputed tax; (ii) the petitioner is directed to fu....... + More


  • 2017 (11) TMI 1225 - MADRAS HIGH COURT

    Madras Race Club Versus The Commissioner of Income-tax, The Assistant Commissioner of Income-tax, The Joint Commissioner of Income-tax

    Entitlement for waiver of interest under Section 220(2A) - Assessing Officer did not allow the mandatory interest under Section 244(1A) - proof of genuine hardship - Held that - In the application filed by the petitioner for waiver of interest, the petitioner has specifically stated that they had succeeded before the CIT(A) in respect of the year 1977-1978 and an order was passed on 25.02.1984. However, that order was given effect to only on 30.1....... + More


  • 2017 (11) TMI 1224 - RAJASTHAN HIGH COURT

    Commissioner of Income Tax (Exemptions) Versus J.S.B. Shikshan Sansthan

    Grant registration under Section 12AA - Held that - Sub-Section (4) of Section 12AA will come into operation after the registration is carried out in consonance with the provisions of object of the trust not at the time of registration. - In that view of the matter, registration will be given to trust and the observations made by the Tribunal are just and proper - Decided in favour of assessee....... + More


  • 2017 (11) TMI 1223 - DELHI HIGH COURT

    Commissioner of Income Tax Versus Rakesh Mohan

    Property transactions in USA - addition u/s 69 - loan of US Dollar 6,59,000/- given to one Mr. Vijay Kumar Kataria, who had executed the power of attorney in favour of the assessee s Son-in-law Sh. Mohit Mehra - protective assessment addition - Held that - In the final charge sheet filed by the CBI there is no mention about the property transactions in USA. The charge sheet is only about booking air tickets for the appellant and his family member....... + More


  • 2017 (11) TMI 1222 - RAJASTHAN HIGH COURT

    Commissioner of Income Tax, Kota Versus M/s Mittal Brothers & Co.

    Assessment of income - nature of amount of interest towards late payment - work could not be completed by the stipulated period and hence a dispute arose between the assessee and the Irrigation Department - as contended that the actual income as assessed by the AO is required to be taken into consideration for the current year - Held that - However taking into account that the carry forward loss was not there and in view of the decision of the Su....... + More


  • 2017 (11) TMI 1221 - DELHI HIGH COURT

    Dharamvir Singh Rao Versus Assistant Commissioner of Income Tax

    Reopening of assessment - invalid notice as the notice was not preceded by valid approval based upon proper application of mind by the concerned Commissioner; secondly, it was not served in the proper manner and was rather served allegedly through affixation and Lastly the reasons to believe furnished are not premised upon any tangible material - Held that - This Court notices that for the two assessment years 2008-09 and 2010-11, the judgment re....... + More


  • 2017 (11) TMI 1220 - ITAT DELHI

    Prime Maxi Promotion Services (P) Ltd. Versus DCIT, Central Circle-8, New Delhi

    Disallowance u/s 14A - non recording of the satisfaction by the Assessing Officer - Held that - When the pre-requisite condition for making disallowance u/s 14A, being the recording of the satisfaction by the Assessing Officer not accepting the correctness of the assessee s claim, was lacking, the ld. CIT(A) should not have come to the stage of computation of the amount of disallowance. As the jurisdictional condition for making disallowance u/s ....... + More


  • 2017 (11) TMI 1219 - ITAT DELHI

    Shri Kanwaljeet Singh Versus The DCIT, Central Circle-4, New Delhi

    Proceedings under section 153A - addition u/s 68 - as per assessee no incriminating material was found during the course of search about the cash credits of which additions have been made - Held that - As during the course of search, no incriminating material was found in respect of assessment years under appeals so as to make additions of unexplained cash credits under section 153A of the I.T. Act. The A.O. made additions of unexplained cash cre....... + More


  • 2017 (11) TMI 1218 - ITAT DELHI

    M/s. Empire Realtech (P) Ltd. Versus The DCIT, Central Circle-1, Faridabad

    Assessment u/s 153A - proof of incriminating material found in search - Held that - The financial year in which the return is furnished would end on 31st March, 2012. Therefore, no notice under section 143(2) could be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished. In this case, such date would expire on 30th September, 2012. Therefore, on the date of search on 23.11.2012 ....... + More


  • 2017 (11) TMI 1217 - ITAT DELHI

    DCIT, Circle 8 (1) , New Delhi Versus M/s. Sherpalo India Advisors (P) Ltd.

    Disallowance of legal and professional charges - Held that - So far as amount paid as legal and professional fee to M/s. Luthura & Luthra undisputedly the assessee has filed its submission dated 17.01.2014 along with bills and the assessee has duly explained before the ld. CIT (A) that these legal expenses were incurred to settle a police complaint filed against the Director, Shri Sandeep Murthy by some of its investors against the Director a....... + More


  • 2017 (11) TMI 1216 - ITAT DELHI

    ACIT, Cent. Circle 23, New Delhi Versus Jasmine Buildtech (P) Ltd. And Vice-Versa

    Interest on PDC - Held that - It is an admitted fact that the assessee is a part of BPTP Group and similar additions were made in respect of many group entities. Some matters were disposed of by the Tribunal also We upheld the findings of the Ld. CIT (A) and dismiss the grounds of appeals of both assessee and the Ld. CIT (A) on the aspect of interest on PDCs and set aside the issue relating to the payments made in addition to the agreement amount....... + More


  • 2017 (11) TMI 1215 - ITAT MUMBAI

    Fedex Express Transportation and Supply Chain Services (India) Private Limited Versus The Principal Commissioner of Income Tax – 9, Mumbai

    Revision u/s 263 - directions issued by the CIT to treat return filed under section 139(1) as invalid and therefore cannot be revised under section 139(5) - Held that - The assessee have got their accounts audited on 28th May 2012 which is within the time limits specified under section 166 read with section 210 of the Companies Act, 1956 and till that time the tax audit could not have been done. The assessee also filed detailed legal submissions ....... + More


  • 2017 (11) TMI 1214 - ITAT MUMBAI

    Anaesthesia Academic Society (Ass) C/o Manjula Sudeep Sarkar Versus Commissioner of Income Tax (Exemptions) , Mumbai

    Denying registration under section 12AA(1)(b)(ii) read with section 12A - proof of genuineness of the society and charitable purposes - Held that - The society is established for the purposes of spreading of education in the field of anesthesia. Anesthesia is a special filed for medical science and education in specialized medical field to evaluate the benefit of this research at much higher number of poor patients also and to do research and to ....... + More


  • 2017 (11) TMI 1213 - ITAT DELHI

    DCIT, Central Circle 18, New Delhi Versus M/s. NKG Infrastructure Ltd.

    Penalty u/s 271(1)(c) - surrendered income - Held that - AO made the addition merely on the ground that the surrender was not to his satisfaction rather proceeded to estimate the disallowance 0.25 . When the assessee company has produced account books before the AO during assessment proceedings, AO was required to compute the income on the basis of documentary evidence and not on the basis of estimation. But the AO proceeded to guesswork the addi....... + More


  • 2017 (11) TMI 1212 - ITAT PUNE

    Shri Dilip Kanayalal Tilwani, Proprietor of M/s. Shyama Builder Versus Income Tax Officer, Ward – 8 (2) , Pune And The Dy. Commissioner of Income Tax Versus Shri Dilip Kanayalal Tilwani, Prop. Shyama Builder

    Benefit of deduction u/s. 80IB(10) - denial of claim in respect of aforesaid row house on the ground that built up area of the said house including terrace is more than 1500 sq. ft. - deduction u/s. 80IB(10) on pro-rata basis in respect of eligible units - Held that - In the present case the terrace which is subject matter of dispute is over car parking and open to the sky. The Co-ordinate Bench in the case of Shri Naresh T. Wadhwani Vs. DCIT 201....... + More


  • 2017 (11) TMI 1211 - ITAT MUMBAI

    Sonal A. Zaveri Versus Income Tax Officer 16 (1) (2) , Mumbai

    Capital gain tax - amount received by the assessee in terms of family settlement agreement - amount realized on surrender of occupancy right - Held that - Admittedly in the case before us the assessee s father late Mansukhlal M. Parekh was living in the said property since 1972 and the assessee, her brother and sister were also residing in that flat after the demise of her father till the settlement deed was effected. The property is not under an....... + More


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