Category Archives: Income Tax Judgments

Filing of manual ITR without Aadhaar number rejected by Madaras High Court

By | November 10, 2017

Held In the case of Binoy Viswam, it would clearly show that the Hon’ble Supreme Court has not stayed the Proviso to Sub-Section (2) of Section 139AA of the Act and the partial stay would be applicable only to facilitate the other transactions, which are mentioned in Rule 114B of the Rules, which pertains to transactions, in… Read More »

Delhi HC Judgment : Income Tax ICDS provisions : ultra vires

By | November 9, 2017

Income Tax ICDS provisions The Central Government cannot do what is otherwise legally impermissible. Therefore, the following provisions of ICDS are held as ultra vires and are liable to be struck down:- (1) ICDS I : It does away with the concept of ‘prudence’ and is contrary to the Act and to binding judicial precedents. Therefore, it is… Read More »

Condonation of delay in making IDS payment : CIT to dispose of application

By | October 10, 2017

HIGH COURT OF BOMBAY Sadhana Rajendra Jain v. Central Board of Direct Taxes S.C. DHARMADHIKARI AND SMT. VIBHA KANKANWADI, JJ. WRIT PETITION NO. 8066 OF 2017 AUGUST  29, 2017 Rohan Deshpande for the Petitioner. S.V. Walve for the Respondent. ORDER 1. This petition was placed before us on 14-8-2017 but due to paucity of time it could not be taken… Read More »

Son was legal representative of deceased father : Tax Recovery can be done

By | October 8, 2017

[2017] 85 taxmann.com 308 (Calcutta) HIGH COURT OF CALCUTTA Arvind Kayan v. Union of India DEBANGSU BASAK, J. WP NO. 504 OF 2017 AUGUST  30, 2017 Koushik Chowdhury, Adv. and Ms. Sumita Shaw, Adv. for the Petitioner. Kaushik Chandra, ld. ASG, Md. Nizumuddin, Adv. and Ms. Smita Das De, Adv. for the Respondent. ORDER 1. The Court : The petitioner assails an order dated… Read More »

Non payment of self assessment tax attracts penalty under Income Tax Act : ITAT

By | October 4, 2017

Whether an assessee is liable to penalty under section 221(1) of the Act in a case in which the though the assessee has not paid the self assessment tax under section 140A, while filing the return of income, but revises the income, by filing revised return of income, and pays the tax on the revised… Read More »

Two assets falling within tangible and intangible assets constitute single block of assets

By | October 4, 2017

Section 2(11) of the Indian Income Tax Act, 1961 specifies as only two class of assets i.e. tangible and intangible assets and within these two classes of assets, assets having same rate of depreciation are prescribed and they fall within the same block. Whereas, the concept of an asset falling within the same block is… Read More »

Salary in NRE account of non-resident seafarer not taxable in India: ITAT

By | October 3, 2017

Held we are of the view that CBDT has issued a Circular No. 13/2017 dated 11.04.2017 wherein CBDT has clarified that the salary accrued to a non-resident seafarer for services rendered outside India on a foreign ship shall not be included in the total income merely because the salary has been credited in the NRE account maintained… Read More »

AO can’t pass order because PAN was still lying within his jurisdiction

By | October 3, 2017

Held In the present case, the jurisdiction is transferred by Commissioner of Income Tax-3, Mumbai on 19-12-2014. The copy of order transferring jurisdiction was sent to the DCIT 3(1)(1), Mumbai and to other concerned officials but not to ITO 3(1)(3) who passed assessment order in the case of assessee. If the information given in jurisdiction… Read More »

Section 54F allowed if multiple flats sold to purchase one big flat

By | August 19, 2017

IN THE ITAT DELHI BENCH: ‘E’ Assistant Commissioner of Income-tax, Circle-27(1), New Delhi v. Mohinder Kumar Jain H.S. SIDHU, JUDICIAL MEMBER AND O.P. KANT, ACCOUNTANT MEMBER IT APPEAL NO. 5254 (DELHI) OF 2014 [ASSESSMENT YEAR 2011-12] AUGUST  4, 2017 R.C. Dandaya, Sr. DR for the Appellant. R.S. Singhvi and Satyajeet Goel, CAs for the Respondent. ORDER O.P. Kant, Accountant Member – This… Read More »

Sales tax subsidy is revenue receipt if can be used for any purpose

By | July 15, 2017

Q : Whether the amount received by the assessee by way of exemption of sales tax payments was  a trading receipt and not a capital receipt, hence  liable to tax ? Held , Yes HIGH COURT OF DELHI Commissioner of Income-tax v. Bhushan Steels & Strips Ltd. S. RAVINDRA BHAT AND NAJMI WAZIRI, JJ. IT APPEAL NOS.… Read More »