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PATIDAR DINESH KUMAR & COMPANY VS INCOME TAX OFFICER
INDORE TRIBUNAL, Nov 13, 2018

1. The above captioned appeal is filed at the instance of assessee pertaining to Assessment Year 2011-12 is directed against the orders of Ld. Commissioner of Income Tax...

Legislation Referred To : Section 41(1), 133, 133A, 142(1), 143(2), 143(3)

PERIAR TRADING COMPANY PRIVATE LIMITED VS INCOME TAX OFFICER
BOMBAY TRIBUNAL, Nov 09, 2018

1. This appeal of assessee is arising out of the order of Commissioner of Income Tax (Appeals)-17, Mumbai [in short CIT(A)], in appeal No. CIT(A)-17/IT-251/15-16 dated...

Legislation Referred To : Section 2(47), 10(2)(vii), 14, 40(b), 41(2), 45, 48, 55(2), 115JB, 143(3)

DEPTUY COMMISSIONER OF INCOME TAX VS UDAIPUR PROPERTIES & FINANCE LTD.
BOMBAY TRIBUNAL, Nov 09, 2018

1. The present appeal filed by the revenue is directed against the order passed by the CIT(A)-8, Mumbai, dated 18.08.2017, which in turn arises from the order passed by the...

Legislation Referred To : Section 143(3), 147

INCOME TAX OFFICER VS GOLDSTAR TRACOM PVT. LTD.
KOLKATA TRIBUNAL, Nov 09, 2018

Addition u/s 68 cannot be made if identity, creditworthiness and genuineness of the transactions are proved by the assessee.

Subject : Income
Legislation Referred To : Section 68
In Favour Of : Assessee

I.B. COMMERCIAL PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
BOMBAY TRIBUNAL, Nov 09, 2018

If assessee’s claim for depreciation was allowed in earlier years then same claim of depreciation cannot be disallowed in impugned assessment year.

Subject : Depreciation
Legislation Referred To : Section 68
In Favour Of : Assessee (Partly)

JAISHREE BOMBOLY VS INCOME TAX OFFICER
CHENNAI TRIBUNAL, Nov 08, 2018

Rules of justice require that the reports of investigation wing, relied on by the AO, as well as the statement recorded are put to the assessee and its explanation sought,...

Subject : Exemption
Legislation Referred To : Section 10(38)
In Favour Of : Matter Remanded

INCOME TAX OFFICER VS SATISH KUMAR
DELHI TRIBUNAL, Nov 06, 2018

1. This appeal by Revenue is directed against the order dated 28.05.2010 of the Ld. CIT(A), Faridabad for AY 2007-08 on the following grounds of appeal: 1. "On the facts...

Legislation Referred To : Section 41(1), 68

GANDRAJU PRABHAVATHI VS PRINCIPAL COMMISSIONER OF INCOME TAX
VISHAKAPATNAM TRIBUNAL, Nov 06, 2018

1. This appeal is filed by the assessee against the order of the Pr.Commissioner of Income Tax (Pr.CIT)-1, Visakhapatnam vide F.No.Pr.CIT-1/VSP/263/2016-17 dated 31.03.2017...

Legislation Referred To : Section 2(47), 13Q, 22, 23(2), 45, 54, 143(3), 147, 148, 159(1), 263

LINERS INDIA LIMITED VS ASSISTANT COMMISSIONER OF INCOME TAX
VISHAKAPATNAM TRIBUNAL, Nov 06, 2018

1. This appeal by the assessee is directed against the order of Principal Commissioner of Income Tax, Vijayawada, dated 14/03/2017 under section 263 of Income tax act for...

Legislation Referred To : Section 10CCB, 80IC, 142, 143(3), 263

HARI STEELS & GENERAL INDUSTRIES LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Nov 05, 2018

Reassessment on the basis of information regarding survey by Sales Tax Department without making any enquiry or application of mind is not sustainable in law.

Subject : Reassessment
Legislation Referred To : Section 147, 148
In Favour Of : Assessee

ARUN KUMAR & ORS. VS ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
DELHI TRIBUNAL, Nov 05, 2018

Addition u/s 68 is not sustainable where AO and CIT(A) fail to controvert assessee's case qua LTCG claimed as exempt u/s 10(38) on sale of shares.

Subject : Income
Legislation Referred To : Section 68
In Favour Of : Assessee

DEPUTY COMMISSIONER OF INCOME TAX & ORS. VS STEEL AUTHORITY OF INDIA LTD. & ORS.
DELHI TRIBUNAL, Nov 02, 2018

1. Since common questions of facts and law have been raised in all the aforesaid cross appeals, the same are being disposed off by way of consolidated order to avoid...

Legislation Referred To : Section 115WB[E], 17[2]
In Favour Of : Assessee

SACHIDANAND MADHUKARRAO CHITALE VS ASSISTANT COMMISSIONER OF INCOME TAX
INDORE TRIBUNAL, Nov 02, 2018

1. This appeal by the assessee is directed against order of the CIT(A)-II, Indore dated 15.11.2016 pertaining to the assessment year 2009-10. The assessee has raised...

Subject : Interest of advance
Legislation Referred To : Section 28, 138, 40A, 143(3)
In Favour Of : Assessee

JAGAT SINGH VS ASSISTANT COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Nov 02, 2018

1. These appeals are filed by the assessee against the order dated 26/03/2015 passed by CIT (A)-XXIV- for Assessment Years 2001-02, 2005-06, 2006-07, 2007-08...

Legislation Referred To : Section 16(1), 69C, 143(3), 147

ARVIND BRANDS LTD. & ANR. VS DEPUTY COMMISSIONER OF INCOME TAX & ANR.
AHMEDABAD TRIBUNAL, Nov 02, 2018

When suo moto disallowance made by the assessee already exceeds the exempt income, no further disallowance u/s 14A r/w Rule 8D is justified.

Subject : Income
Legislation Referred To : Section 14A, 36(1)(iii), 115JB
In Favour Of : Assessee (Partly)

PREMIER VYAPAAR PVT. LTD. VS INCOME TAX OFFICER
KOLKATA TRIBUNAL, Nov 02, 2018

The 'reasons to believe' is not synonymous to 'reason to suspect'. Therefore, when reopening of assessment is done without satisfying the conditions precedent in s. 147...

Subject : Reassessment
Legislation Referred To : Section 147, 148
In Favour Of : Assessee

ASSISTANT COMMISSIONER OF INCOME TAX & ANR. VS SURBHI SEN JINDAL & ANR.
DELHI TRIBUNAL, Nov 01, 2018

1. The Departmental Appeal as well as Cross-Objection by Assessee are directed against the Order of the Ld. CIT(A)-1, New Delhi, Dated 03.06.2014, for the A.Y. 2010-2011. ...

Legislation Referred To : Section 11, 12, 132, 132(1), 132A, 143(3), 153A, 153C, 153C(1), 158BC, 158BD
In Favour Of : Assessee

NABROS PHARMA LTD. VS ASSISTANT COMMISSIONER OF INCOME TAX & ADDITIONAL COMMISSIONER OF INCOME TAX
AHMEDABAD TRIBUNAL, Nov 01, 2018

The charging of interest or otherwise on funds provided by the Directors/shareholders to the assessee cannot fall within the sweep of expression ‘business transacted...

Subject : Exemption
Legislation Referred To : Section 10B(7), 80HHB, 80HHC, 80IA(10), 80IA(10), 106, 143(3), 147, 14A, 155(11A), 706, 706(4)
In Favour Of : Assessee

DEPUTY COMMISSIONER OF INCOME TAX VS AQUAFIL POLYMERS CO. P. LTD.
AHMEDABAD TRIBUNAL, Nov 01, 2018

Assessee is entitled to deduction u/s 80IA(4) where the agreement is not for a specific work for development of facility as a whole and from an undeveloped area,...

Subject : Deduction
Legislation Referred To : Section 80IA
In Favour Of : Assessee (Partly)

AT & T COMMUNICATION SERVICES (INDIA) P. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Oct 31, 2018

1. These are separate appeals by the assessee preferred against two separate assessment orders dated 20.12.2016 and 29.01.2016 framed u/s 143(3) r.w. section 144C(13) of...

Legislation Referred To : Section 9(1)(vii), 40a(i), 43B, 143(3), 144C(13), 154, 192, 195, 195(1)
In Favour Of : Assessee (Partly)