Deputy Commissioner of Income Tax vs Sovereign Pharma Pvt Ltd, ITAT Pune

Can the AO open re-assessment on the basis of facts and documents which are already available?

Case: Deputy Commissioner of Income Tax vs Sovereign Pharma Pvt Ltd, ITAT Pune Listen to the case summary Deputy Commissioner of Income Tax vs Sovereign Pharma Pvt Ltd, ITAT Pune here Background: The Assessing Officer (AO) reopened the assessment four years from the end of the relevant assessment year and issued the notice under u/s … Continue reading Can the AO open re-assessment on the basis of facts and documents which are already available?

Transtroy (India) Ltd. vs Assistant Commissioner, Circle 2(1), Visakhapatnam, ITAT

Can deduction u/s 80-IA be claimed if the contract is awarded to Joint Venture formed by the assessee?

Case: TRANSTROY (INDIA) LTD vs ASSISTANT COMMISSIONER, CIRCLE 2(1), ITAT, Visakhapatnam Listen to the case summary TRANSTROY (INDIA) LTD vs ASSISTANT COMMISSIONER, CIRCLE 2(1) Background: The assessee formed a joint venture (JV) to participate in the bidding process with the Government of India. The government allotted the project work to the JV and subsequently, the joint venture formed a … Continue reading Can deduction u/s 80-IA be claimed if the contract is awarded to Joint Venture formed by the assessee?

Ideal Education Society Ghaziabad vs Addl. CIT Ghaziabad Case summary

If a trust (u/s 12 AA) offers hostel and transport facilities can it get tax exemption?

Case: Ideal Education Society Ghaziabad vs Addl. CIT Ghaziabad, ITAT Delhi Listen to Ideal Education Society Ghaziabad vs Addl. CIT Ghaziabad case summary and stay updated any time anywhere: Background: The assessee was registered as a society and charitable trust. It provided the following facilities to its students: Education for various professional courses Hostel and transportation facilities … Continue reading If a trust (u/s 12 AA) offers hostel and transport facilities can it get tax exemption?

DCIT vs Bhaijee Portfolio Pvt. Ltd.

Reassessment proceedings without approval is illegal

In the case of DCIT vs Bhaijee Portfolio Pvt. Ltd. the Income Tax Appellate Tribunal’s Delhi bench has held that the re-opening of an assessment without the approval of designated authority is not allowable under Income Tax Act. Revenue’s Arguments: The re-assessment proceeding was initiated by the Assessing Officer against the Assessee by recording reasons … Continue reading Reassessment proceedings without approval is illegal

Ravi Jain vs ACIT case summary and update

Capital gain exemption to be given to more than one house, when HUF property is sold

The Delhi bench of ITAT has held in the case of Ravi Jain vs ACIT that when an HUF’s residential house is sold, the capital gain can be invested for the purchase of more than one residential house and the benefit of exemption cannot be denied under s. 54(1) of the IT Act. Assessee’s Arguments: … Continue reading Capital gain exemption to be given to more than one house, when HUF property is sold

Case update - DCIT vs BMR

Remuneration paid to Director independent of shareholding cannot be considered dividend

The Delhi bench of ITAT has held in the case of DCIT vs BMR Business Solutions Pvt. Ltd. that the remuneration paid to the Director of a company commensurate with his experience which has no bearing on his shareholding, cannot be considered ‘dividend’ under the Income Tax Act. Revenue’s Arguments: The revenue argued that as … Continue reading Remuneration paid to Director independent of shareholding cannot be considered dividend

Subscription fee paid to access online database is in the nature of business income

The Mumbai bench of the ITAT has held in the case of Elsevier Information Systems vs. DCIT that the subscription fee paid to access an online database would amount to business income and not royalty or fees for technical services. Revenue’s Arguments: The AO held that providing access to a curated online database of was … Continue reading Subscription fee paid to access online database is in the nature of business income

Rehlan constryction vs. ACIT

Possibility of personal use cannot be a reason to disallow depreciation claim

The Income Tax Appellate Tribunal’s Delhi bench has held in the case Ralhan Construction Company vs. ACIT that the mere possibility of personal use would have no role to play while granting depreciation on any vehicle under Section 32 of the Income Tax Act, 1961. Revenue’s Actions: In the present case, since the assessee had … Continue reading Possibility of personal use cannot be a reason to disallow depreciation claim

Addition made to the income of the assessee (without cross-examination) cannot be sustained

In the case of Shakuntala Agencies Pvt. Ltd. vs. ITO, search and seizure operations at the premise of a third party uncovered incriminating material related to the assessee. The AO and CIT(A) both rejected the assessee’s request to cross examine the relevant person.Tribunal holding: Addition made to the income of an assessee on the basis of … Continue reading Addition made to the income of the assessee (without cross-examination) cannot be sustained