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YAZAKI INDIA PRIVATE LIMITED VS ASSISTANT COMMISSIONER OF INCOME TAX
PUNE TRIBUNAL, Jul 12, 2019

1. This appeal by the assessee is directed against the final assessment order passed by the Assessing Officer (AO) u/s. 143(3) r.w.s.144C(3) of the Income-tax Act, 1961...

Legislation Referred To : Section 143(3), 144C, 156, 271(1)(c), 274

DEEPAK RUGS HARIYAWAN VS COMMISSIONER OF INCOME TAX
HIGH COURT OF ALLAHABAD, Jul 12, 2019

1. The present appeal has been filed by the assessee under Section 260-A of the Income Tax Act. 1961 (hereinafter referred to as 'the Act') against the order of the Income...

Legislation Referred To : Section 260-A, 145(3), 143(2), 142(1)

DEVBHUMI ESTATES PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
BOMBAY TRIBUNAL, Jul 12, 2019

1. The present appeal filed by the assessee is directed against the order passed by the CIT(A)-3, Mumbai, dated 21.11.2016, which in turn arises from the order passed by...

Legislation Referred To : Section 14A, 143(3)

GARRAV GARG VS COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Jul 12, 2019

1. This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals, [“Ld. CIT(A)”, for short], Ghaziabad, dated 10.07.2015 for...

Legislation Referred To : Section 143(3), 153A, 131, 69A, 271(1)(c)

HONEYWEEL TECHNOLOGY SOLUTIONS LAB PVT. LTD. VS ASSISTANT COMMISSIONER OF INCOME TAX
BANGALORE TRIBUNAL, Jul 12, 2019

If disallowance is made with regard to capitalization of software expenditure incurred by assessee, same has to be considered for deduction u/s 10A.

Subject : Exemptions
Legislation Referred To : Section 40(a)(ia), 80JJAA, 10A
In Favour Of : Assessee(Partly)

TARA MERCHANTILE PVT. LTD. VS DEPUTYU COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Jul 12, 2019

Even if the share premium is excessive, the same cannot be taxed under the provisions of section 68 where the nature and source of the same stands fully explained.

Subject : Income
Legislation Referred To : Section 56(2)(viib), 68
In Favour Of : Assessee

BHARAT EXPORTERS VS ASSISTANT COMMISSIONER OF INCOME TAX
HYDERABAD TRIBUNAL, Jul 12, 2019

When the assessee demonstrates that the recipient declares the payment received from assessee as their income, it is not proper for the Department to make disallowance, as...

Subject : Business expenditure
Legislation Referred To : Section 40(a)(ia), 201(1)
In Favour Of : Matter Remanded

ASSISTANT COMMISSIONER OF INCOME TAX & ANR. VS SANWARMAL AGARWAL & ANR.
GAUHATI TRIBUNAL, Jul 12, 2019

In any case, the "undisclosed investment" as conceived within the scope of s. 69 does not arise from a trading transaction.

Subject : Income from undisclosed sources
Legislation Referred To : Section 68, 69
In Favour Of : Assessee

YAZAKI INDIA PRIVATE LIMITED VS DEPUTY COMMISSIONER OF INCOME TAX
PUNE TRIBUNAL, Jul 11, 2019

1. This appeal by the assessee emanates from the final assessment order dated 23-01-2014 passed by the Assessing Officer (AO) u/s.143(3) r.w.s.144C(13) of the Income-tax...

Legislation Referred To : Section 40A(2)(a), 295(2), 92B, 143(3)

L&T SUCG JV JV CC 27 & ANR. VS ADDITIONAL COMMISSIONER OF INCOME TAX & ANR.
DELHI TRIBUNAL, Jul 10, 2019

1. Both the cross-appeals are directed against the Order of the Ld. CIT(A)-20, New Delhi, Dated 30.03.2018, for the A.Y. 2014-2015. Assessee's appeal is filed on following...

Legislation Referred To : Section 43A, 40A(2)(b), 143(1), 142(2A)

VAIBHAV LAKHI VS DEPUTY COMMISSIONER OF INCOME TAX
JAIPUR TRIBUNAL, Jul 10, 2019

Once an amount belonged to the partnership firms was already offered to tax by the firms as outcome of the Settlement Commission order then the same cannot be added in the...

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

ASSISTANT COMMISSIONER OF INCOME TAX VS KEC INTERNATIONAL LTD.
BOMBAY TRIBUNAL, Jul 10, 2019

When there is absolutely no risk involved for the assessee in transaction of issuance of performance guarantee to customer of AE on behalf of its AE, assessee is justified...

Subject : Transfer Pricing
Legislation Referred To : Section 36(2)(i)(b), 92CA
In Favour Of : Assessee

VODAFONE IDEA LIMITED VS ASSISTANT COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Jul 10, 2019

Penalty u/s 271C is not leviable where the issue on which penalty is imposed is debatable as different courts have taken diverse views.

Subject : Penalty
Legislation Referred To : Section 271C
In Favour Of : Assessee

DIPAK KR. DE SARKAR VS INCOME TAX OFFICER
KOLKATA TRIBUNAL, Jul 10, 2019

Where the purchase of shares were supported by issue of Share Certificate and payments were made through a/c Payee Cheque and sale transactions were supported and evidenced...

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

KALYAN LOK NIRMAN PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
INDORE TRIBUNAL, Jul 09, 2019

1. The above captioned two appeals are filed at the instance of the assessee. Appeals No. 658 & 659/Ind/2017 for Assessment Years 2012-13 & 2013-14 are directed...

Legislation Referred To : Section 40A(3), 139(1), 142(1), 143(2), 153A

PERUNGUZHI SERVICE CO-OPERATIVE BANK LTD. & ANR. VS INCOME TAX OFFICER & ANR.
COCHIN TRIBUNAL, Jul 09, 2019

Interest income received by co-operative society on investments made in the course of banking activities with cooperative banks and other scheduled banks is assessable as...

Subject : Deduction
Legislation Referred To : Section 80P, 68
In Favour Of : Assessee(Partly)

THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. VS COMMISSIONR OF INCOME TAX
SUPREME COURT OF INDIA, Jul 09, 2019

1. The question raised in this appeal is as to whether receipts of subscriptions in the hands of the assessee-Company for the previous years relevant to the assessment...

Legislation Referred To : Section 45

COMMISSIONER OF INCOME TAX VS SALGAOCAR MINING INDUSTRIES PVT. LTD.
HIGH COURT OF BOMBAY, Jul 09, 2019

1. Heard learned Counsel for the Appellant-Revenue and the Respondent-Assessee. 2. This Tax Appeal challenges an order passed by the Income Tax Appellate Tribunal, Panaji...

Legislation Referred To : null

FAURECIA AUTOMOTIVE HOLDING VS DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)
PUNE TRIBUNAL, Jul 08, 2019

In order to fall within the domain of section 9(1)(vii), it is essential that the amount payable by the Indian resident to the non-resident should be for rendering of any...

Subject : Income
Legislation Referred To : Section 9(1)(vi), 9(1)(vii)
In Favour Of : Assessee

KANTILAL MANILAL PATEL VS INCOME TAX OFFICER
AHMEDABAD TRIBUNAL, Jul 08, 2019

Reopening of assessment by merely presuming that assessee’s income has escaped assessment is not justified.

Subject : Reopening
Legislation Referred To : Section 55A, 147, 148
In Favour Of : Assessee