2016 (8) TMI 967 - CALCUTTA HIGH COURT
M/s. SREI INFRASTRUCTURE FINANCE LTD. Versus DY. COMMISSIONER OF INCOME TAX, CIRCLE -11 (2) , KOLKATA
Set-off of MAT Credit under Section 115JAA brought forward from earlier years against tax on total income including surcharge and education cess instead of adjusting the same from tax on total income before charging such surcharge and education cess ... ... ...
2016 (8) TMI 966 - KERALA HIGH COURT
V.M. MATHAI Versus PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI AND TAX RECOVERY OFFICER, KOCHI
Waiver or reduction of interest - Application under Section 220(2A) rejected - non fulfillment of all the conditions laid down in Section 220 (2A) - Held that - When the statutory authority has been given the discretion to consider whether any of the... ... ...
2016 (8) TMI 965 - CALCUTTA HIGH COURT
Principal Commissioner of Income Tax-I, Kolkata Versus M/s. Rajami Barter Private Limited
Allowance of non-business expenditure - Whether Learned Tribunal was justified in law to allow the non-business expenditure claimed to have been given to a third party on oral understanding only? - Held that - The question suggested by the revenue ha... ... ...
2016 (8) TMI 964 - GUJARAT HIGH COURT
Commissioner of Income Tax (TDS) Versus Anagram Wellington Assets Management Co Ltd.
TDS liability - limitation as prescribed as in Section 201 - Held that - It is true that it is the duty of the assessee to deduct TDS and the question is whether it is likely to cause any loss to the revenue if it is not deducted in time. If TDS is n... ... ...
2016 (8) TMI 963 - BOMBAY HIGH COURT
The Commissioner of Income Tax-2 Versus State Bank of India
Allowance of Broken Period Expenses - Held that - It is an agreed position between parties that the decision of this Court in American Express International Banking Corporation vs. C.I.T. 2002 (9) TMI 96 - BOMBAY High Court covers the issue raised he... ... ...
2016 (8) TMI 962 - DELHI HIGH COURT
Principal Commissioner of Income Tax-07 Versus M/s Omni Info World Pvt. Ltd.
Addition on account of unexplained cash - Held that - As asserted by the learned counsel for the Revenue that the Department has disputed the books of accounts of the Assessee, the passage from the impugned order of the ITAT states to the contrary. T... ... ...
2016 (8) TMI 961 - KARNATAKA HIGH COURT
The Commissioner Of Income-Tax, Davangere Versus M/s. Maganur Builders
Penalty levied under section 271(1)(c) - defective notice - Held that - We find that the issue of validity of the notice wherein the AO has not struck off the irrelevant portion of the notice u/s 274 because of which the reason for levy of penalty is... ... ...
2016 (8) TMI 960 - GUJARAT HIGH COURT
COMMISSIONER OF INCOME TAX-IV Versus SUPER CONSTRUCTION CO
Assessment for the block period - ITAT held that the assessment for the block period was barred by limitation on the ground that initial notice, wrongly issued under Section 158BC was a valid notice - Held that - In the present case, the first Notice... ... ...
2016 (8) TMI 959 - BOMBAY HIGH COURT
General Electoral Trust Versus Income Tax Officer 20 (1) (2) , Mumbai & Others
Reopening of assessment - reasons to believe - Held that - Mere non filing of return of income does not give jurisdiction to the Assessing Officer to re-open the assessment unless the person concerned has total income which is assessable under the Ac... ... ...
2016 (8) TMI 958 - DELHI HIGH COURT
Pr. Commissioner of Income Tax-09 Versus W.G. Share Broking Pvt. Ltd.
Transaction of shares - business income or capital gain - Held that - Both the CIT (A) and the ITAT have concurrently concluded on facts that the Assessee has in its books of account been treating separately the shares held as investment and those he... ... ...
2016 (8) TMI 957 - GUJARAT HIGH COURT
Rejesh Dahyabhai Prajapati Versus Income Tax Officer
Addition of unexplained cash credit u/s. 68 - Held that - The materials on record would suggest that admittedly, the assessee had maintained two bank accounts, not disclosed to the Revenue authorities. In such bank accounts, multiple cash deposits we... ... ...
2016 (8) TMI 956 - KARNATAKA HIGH COURT
Commissioner Of Income -Tax TDS Versus The Karnataka State Apex Co-Operative Bank Ltd.,
TDS liability on Co-operative Bank to deduct tax on the interest paid to its members - Held that - Circular No.9 dated 11.09.2002, the CBDT has very clearly laid down that co-operative societies carrying on banking business when it pays interest on d... ... ...
2016 (8) TMI 955 - GUJARAT HIGH COURT
Indo Swiss Embroidery Industries Ltd. Versus Asst. Commissioner of Income Tax
Admissibility of depreciation - claiming deduction u/s.80IA - whether Tribunal was right in law in holding that depreciation though allowable but not claimed in the return for normal computation of income has to be allowed while computing the deducti... ... ...
2016 (8) TMI 954 - KARNATAKA HIGH COURT
Principle Commissioner Of Income Tax, Bangalore Versus Sri. T.V. Venugopal
Sale proceeds from sale of flats - capital gain or business income - Held that - Tribunal after considering the respective case of the assessee has found that the income derived by the assessee from the flat was treated as income from house property.... ... ...
2016 (8) TMI 953 - ITAT MUMBAI
ACIT- 14 (1) (2) , Mumbai Versus M/s. Godrej Sara Lee Ltd. (Now amalgamated into Godrej Consumer Products Ltd.)
Rectification of mistake - addition u/s.115JB - whether the rectification order was barred by time and was void ab initio? -Held that - While completing the original assessment, the AO had determined book profit of the assessee at ₹ 40.89 crore... ... ...
2016 (8) TMI 952 - ITAT JAIPUR
Chandmal Sancheti Versus Income Tax Officer, TDS-2, Jaipur
Application of section 206C applicable on traders of scrap - scrap generated from the mechanical working of the material (breaking of the ship) - Held that - The only condition of the scrap is that the scrap should be waste and scrap from the manufac... ... ...
2016 (8) TMI 951 - ITAT MUMBAI
Income Tax Officer-11 (3) (4) , Mumbai Versus Dr. Vandana Bhulchandani
Short term capital gain - addition on account of assessing 50 of the STCG on sale of the said property in the assessee s hands - Held that - AO after reopening the assessee s case for A.Y. 2005-06 for the purpose of examining, inter alia, the investm... ... ...
2016 (8) TMI 950 - ITAT DELHI
Knorr-Bremse India Pvt. Ltd. Versus Assistant Commissioner of Income Tax, Circle-1, Faridabad
Addition on account of professional consultancy charges and management fees - adjustment in Arm s Length Price pertaining to the international transaction SAP consultancy charges and other expenses - MAM - Held that - The employee of the AE provided ... ... ...
2016 (8) TMI 916 - ITAT CHENNAI
M/s. The Willingdon Charitable Trust Versus The Dy. Director of Income Tax, Exemptions, Chennai
Revision u/s 263 - applicability of provisos to Sec.2(15) of the IT Act and the failure on the part of the Assessing Officer to consider the same - Held that - We have gone through the assessment order passed u/s.143(3) of the Act dated 28.02.2013. I... ... ...
2016 (8) TMI 915 - ITAT HYDERABAD
Sri Laxmi Narasimha Grape Garden Versus The Income Tax Officer, Ward-8 (2) , Hyderabad.
Agricultural land - no documentary evidence to prove that the agricultural land was in the name of the firm - Held that - As rightly pointed out by the Ld. D.R. the assessee had sufficient time, atleast before the CIT(A), to prove that it owns agricu... ... ...