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8/3/2019 case laws 1

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[2011] 16 taxmann.com 95 (CHENNAI - ITAT)IT : Registration under section 12AA could not be denied to assessee-trust merely on ground that it was running a school in village without

seeking prior permission Read More

[2011] 16 taxmann.com 92 (AHD. - ITAT)IT : In order to determine profit eligible for deduction under section80HHC, only those direct costs are to be deducted which are attributableto eligible export turnover Read More

[2011] 16 taxmann.com 91 (DELHI - ITAT)IT : Where Assessing Officer rejected assessee's claim withoutconsidering relevant documents including expert opinion about change inmethod of accounting adopted by assessee, impugned order was to be setaside and, matter was to be remanded back for disposal afresh Read More

[2011] 16 taxmann.com 90 (DELHI - ITAT)IT : Where quantum of loss on account of purchase and sale of shares wasundisputed and addition was made treating said loss as speculation loss,no penalty could be levied under section 271(1)(c) Read More

[2011] 16 taxmann.com 94 (AHD. - ITAT)IT : Where assessee failed to prove that a part of purchase considerationof a flat was paid in cash out of agricultural income of his father,impugned addition made under section 69 in respect of said amount wasto be upheld Read More

[2011] 16 taxmann.com 89 (LUCKNOW - ITAT)IT : Where application of income by assessee for charitable purpose wasmore than 85 per cent of its total income, provisions of section 11(2)were not applicable Read More

[2011] 16 taxmann.com 88 (AHD. - ITAT)IT : For claiming deduction under section 80-IB, only condition is thatoriginal return should be filed in time; if claim is not made in originalreturn, it can be made subsequently Read More

[2011] 16 taxmann.com 82 (BILASPUR - ITAT)IT : In order to be an eligible profits for deduction under section 80-IA,same has to be derived from an eligible undertaking and, mere existenceof some commercial connection does not make said profit an incomeeligible for deduction Read More

[2011] 16 taxmann.com 87 (AHD. - ITAT)IT : Where pursuant to search proceedings, certain additions were madeon estimate or preponderance of probabilities, it was not a fit case forlevy of penalty under section 271 (1)(c) Read More

[2011] 16 taxmann.com 86 (DELHI - ITAT)IT : Section 142A does not make any distinction between amount spentfor investment purpose or stock-in-trade Read More
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[2011] 16 taxmann.com 69 (MUM. - ITAT)IT/ILT : Where assessee, a non-resident, entered into agreement with anIndian hospital for advising, recommending and assisting in relation tohealthcare products and, for conducting educational and trainingprogrammes, payments received by it for aforesaid purposes were to beregarded as its business profits and since it did not have a PE in India,same could not be brought to tax in India Read More

[2011] 16 taxmann.com 68 (KOL. - ITAT)(TM)IT : Unless disclosure of additional income in revised return filed undersection 153A is made voluntarily and in good faith, penalty under section271(1)(c) is to be levied Read More

[2011] 16 taxmann.com 77 (MUM. - ITAT)IT : Section 275(1)(a) fixes time limit of six months from date of receiptof order of Tribunal by Commissioner/Chief Commissioner for passing anorder of penalty Read More

[2011] 16 taxmann.com 75 (DELHI - ITAT)

IT : Provision for bad debts debited to profit and loss account is coveredby clause (i) of Explanation 1 to section 115JB, and therefore, same shallbe added back to net profit for determining book profit Read More

[2011] 16 taxmann.com 76 (CHENNAI - ITAT)IT : Where Assessing Officer of searched party did not record anysatisfaction that certain income belonging to assessee in form of capitalgain had escaped assessment, it was to be held that precondition forinitiating proceeding under section 158BD had not been satisfied Read More

[2011] 16 taxmann.com 66 (KOL. - ITAT)IT : Where agricultural land of assessee was situated outside municipal

limits and that also 2.5 kms. away from outer limits of said municipality,it did not come within purview of section 2(14)(iii) (a) or (b) Read More

[2011] 16 taxmann.com 65 (MUM. - ITAT)IT/ILT : In absence of PE of assessee-company in India in terms of article5 of DTAA between India and Singapore, business income accrued to itcould not be brought to tax in India Read More

[2011] 16 taxmann.com 64 (KOL. - ITAT)(TM)IT : Estimation of expenses incurred for earning tax-free income by AO, if not challenged either by assessee or revenue, is to be accepted Read More

[2011] 16 taxmann.com 63 (DELHI - ITAT)IT : In a case where neither any income is applied under section 11(1)(a)nor accumulated under section 11(2), entire income derived by assesseeunder section 11 will be liable to tax Read More

[2011] 16 taxmann.com 61 (MUM. - ITAT)IT : Where assessee suppressed sales which was discovered in search byexcise department, excise duty paid subsequently on such sales cannot be


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claimed deduction under section 43B, read with section 37(1) Read More

[2011] 16 taxmann.com 59 (MUM. - ITAT)IT : Where AO completing assessment under section 158BC in case of one'J' had not recorded satisfaction for issue of notice under section 158BD

prior to completion of said assessment, issue of notice under section158BD to assessee was bad in law Read More

[2011] 16 taxmann.com 58 (DELHI - ITAT)IT : In absence of any material on record showing that assessee had paidpurchase consideration of plot over and above amount agreed betweenparties, impugned addition made under section 69 was to be deleted Read More

[2011] 16 taxmann.com 57 (MUM. - ITAT)IT : Where registration under section 12A was refused to assessee-society due to presence of an offending clause in its objects, it could havebeen granted registration from date of removal of said clause from

memorandum of objects Read More

[2011] 16 taxmann.com 56 (AHD. - ITAT)IT : Penalty under section 271(1)(c) was not leviable where AO had notbrought any positive material on record to suggest that gift received byassessee was not genuine Read More

[2011] 16 taxmann.com 55 (AHD. - ITAT)IT : Where assessee used its surplus fund to purchase shares which werekept as investment for a sufficiently long period, profit arising from saleof those shares was to be brought to tax under head 'Capital gains' Read More

[2011] 16 taxmann.com 53 (MUM. - ITAT)IT : Levy of penalty under section 271(1)(c) where AO made additions toincome of assessee-trust on account of unaccounted donations, cashdeposit in bank account, etc. Read More

[2011] 16 taxmann.com 47 (MUM. - ITAT)IT/ILT : Where TPO by not adversely commenting upon assessee'scomparables, impliedly accepted such cases as comparables, it was notpermissible for revenue to argue before Tribunal that such cases were notcomparable Read More

[2011] 16 taxmann.com 46 (MUM. - ITAT)IT : Non-deduction of TDS in respect of payment made for renderingservices under Bulk Power Transmission Agreement results indisallowance under section 40(a)(ia) Read More

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