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2020 (3) TMI 1076 - ITAT INDORE The Tribunal held that the Principal Commissioner's order under Section 263 of the Income Tax Act was not justified as the Assessing Officer had conducted necessary inquiries and formed a reasonable opinion. The Tribunal set aside the Principal Commissioner's order except for the issue of year-wise investments, which required further verification. The appellant's appeal was partly allowed.
2009 (8) TMI 756 - ITAT NAGPUR The tribunal allowed the appeal, overturning the rejection of the renewal application under section 80G(5) of the IT Act. It found that the trust's activities aligned with charitable purposes and were not profit-driven, emphasizing the historical charitable nature of the trust's operations. The tribunal criticized the CIT's misinterpretation of the amended definition of charitable purpose and ruled in favor of the assessee, reinstating the trust's eligibility for exemption under section 80G(5).
2008 (6) TMI 267 - ITAT LUCKNOW-B The Tribunal allowed the appeal, determining that income from car hire charges should be classified under 'Income from other sources' for consistency. It emphasized the lack of organized business activity in renting a single car to a specific customer annually. Deductions under Section 57(iii) were deemed allowable, directing the AO to verify and permit insurance charges. The Tribunal rejected the claim of a colorable device to reduce tax liability, noting the Department's prior acceptance of the income classification. The assessee's appeal was granted.
2007 (10) TMI 324 - ITAT DELHI-D The Tribunal upheld the CIT(A)'s decision that the Italian company did not have a business connection or Permanent Establishment (PE) in India and did not earn taxable income from supplying machinery and raw materials to its Indian subsidiary. The Tribunal found the Revenue's arguments lacking evidence and confirmed that no profits were taxable in India.
2020 (12) TMI 750 - ITAT BANGALORE The Tribunal partly allowed the assessee's appeal, directing the Assessing Officer to adopt the same annual value for determining net maintainable rent as used for income tax purposes and exclude notional interest. The property was held liable for wealth tax as a commercial asset, not exempt as an industrial property. The decision underscores the importance of consistent treatment of rental income across different tax assessments.
2018 (4) TMI 81 - ITAT DELHI The Tribunal upheld the CIT(A)'s decision, ruling that the foreign agents' income from procuring orders was not taxable in India. Consequently, the assessee was not required to deduct TDS on the commission payments, and no disallowance under section 40(a)(i) was justified. The Tribunal dismissed the Revenue's appeal, deeming the general grounds of appeal as inconsequential.
2020 (5) TMI 704 - ITAT DELHI The Tribunal partially allowed the appeal by excluding Infosys Technologies Ltd. as a comparable for the software development segment, dismissing the SIM card assembly segment adjustment as infructuous, allowing the export commission grounds, and remanding the bad debts issue for verification. The levy of interest and penalty initiation grounds were dismissed.
2002 (12) TMI 198 - ITAT BOMBAY-E The Tribunal upheld the CIT(A)'s decision, ruling that the assessee was not obligated to deduct tax under Section 195 for remittances to non-resident ship owners. It was determined that the payments did not constitute income accruing in India, as the ship was registered in the Bahamas and lacked a business connection in India. The nature of payments as charter hire charges, not freight charges, was clarified. The Tribunal also emphasized that the place of payment does not determine the place of income accrual, and CBDT circulars supported the non-taxability of the remittances. Appeals by the Revenue were dismissed.
2018 (11) TMI 955 - MADRAS HIGH COURT The court quashed the sanction orders and prosecution complaints filed against the petitioners under Section 50 of the Black Money Act. It held that the Principal Director of Income Tax is competent to sanction prosecution, but emphasized that prosecution can only be sanctioned if the Assessing Officer has passed an order under Section 10(3) of the Act. Additionally, the court concluded that the Chief Metropolitan Magistrate, Egmore, Chennai, is not the designated Special Court for the purposes of the Black Money Act, thereby dismissing the prosecution complaints against the petitioners.
1981 (9) TMI 46 - MADRAS High Court The court upheld the validity of the mortgage decree dated December 22, 1960, allowing its execution without filing a suit. It determined that tax arrears take priority over secured creditors, with the civil court losing jurisdiction post-service of notice under Rule 2 of the Income Tax Act, 1961. The court invalidated the auction sale conducted after the notice, upheld the constitutionality of Rule 51 relating to property attachment, and deemed the application by the Tax Recovery Officer (TRO) for tax arrears payment maintainable. Separate judgments were issued, with one judge setting aside the auction sale and directing a claim filing before the TRO, while the Division Bench upheld Rule 51's constitutionality and granted leave to appeal on key legal questions.
2016 (4) TMI 419 - ITAT DELHI The Tribunal allowed the assessee's appeal, canceling the CIT(A)'s order as it was without jurisdiction. The Tribunal dismissed the revenue's appeal on the deletion of additions and upheld the deletion of the addition on account of insufficient withdrawals for household expenses. The assessee's appeal against the CIT(A)'s order under section 154 became infructuous and was dismissed.
2017 (11) TMI 381 - ITAT DELHI Summary: The ITAT's judgment favored the assessee by deleting various disallowances and additions made by the AO. The tribunal allowed expenses related to ongoing business activities, disallowed notional income additions, and upheld expenses for business purposes. Disallowances under sections 14A and 40 were restricted, and payments not liable for TDS were accepted. The ITAT's decision reflected a favorable outcome for the assessee in resolving multiple contentious issues.
2022 (3) TMI 857 - UTTARAKHAND HIGH COURT The court upheld the conviction and sentences of A-1, A-3, and A-4, modifying the conviction under Section 11 to Section 7 of the Prevention of Corruption Act, 1988. A-2's appeals abated due to her death. The confiscation of properties, including cash, houses, plots, cars, and other assets registered in the names of others, as benami properties of A-1, was confirmed. The detailed financial analysis and evidence of property ownership supported the conclusion that A-1 acquired disproportionate assets and controlled properties through benami transactions.
2017 (1) TMI 266 - ITAT DELHI The Tribunal ruled in favor of the appellant on various issues including disallowance under Section 14A, enhancement of closing inventory value, provision for price increase of raw materials, scrap value addition, provision for advertisement expenses, purchases from related parties, advisory services expenses, commission paid to dealers, disallowance under Section 40(a)(ia) for non-deduction of TDS, treatment of royalty and model fees as capital expenditure, gains from sale of investments, deduction under Section 80IA for power generating unit, and other expenses, allowing most deductions and disallowances made by the assessing officer.
2016 (12) TMI 1411 - ITAT AHMEDABAD The Tribunal allowed the appeal, quashing the order under Section 263 of the Income Tax Act, as the Assessing Officer had conducted thorough enquiries and the transaction was deemed a trade advance, not falling under deemed dividend provisions of Section 2(22)(e). The original assessment order was restored, determining the transaction of ?1.25 crores from M/s Canon Lamination Private Ltd. was not subject to revision or deemed dividend treatment.
2020 (10) TMI 1018 - ITAT HYDERABAD The Tribunal allowed the appeals, determining that the order under Section 263 was invalid, the reassessment order was time-barred and invalid, and no additions could be made without incriminating material. The disallowance of expenditure on furniture and fittings was directed to be deleted.
2012 (10) TMI 469 - ITAT HYDERABAD The Tribunal upheld the deletion of Rs.1,23,50,000 as deemed dividend in assessment year 2007-08, ruling that the provisions of section 2(22)(e) did not apply as the appellant company was not a shareholder in the paying company. Additionally, the Tribunal found the addition of Rs.15 lakhs unjustified, as the statement made during the survey only referred to paying a tax of Rs.5,00,000 without mentioning additional income tax, leading to the deletion of the said amount and allowing the assessee's appeal.
2020 (10) TMI 1016 - ITAT INDORE The Tribunal upheld the CIT(A)'s decisions on all issues, dismissing all grounds raised by the Revenue in Appeal No. ITA(SS) No.206/Ind/2018. The deletion of additions for unexplained expenses incurred in a foreign tour, unexplained jewellery, unexplained cash found, and unexplained opening balance of capital were all confirmed by the Tribunal. The order was pronounced on 20.10.2020.
2022 (6) TMI 659 - ITAT LUCKNOW The High Court held that the appellant's activities, primarily involving the development of housing and related infrastructure, did not constitute trade, commerce, or business but rather served public utility without a profit motive. The court affirmed that the appellant qualified for exemption under Section 11 as its activities were genuinely charitable, focusing on public welfare and infrastructure development. The court emphasized that incidental profits did not negate the charitable nature of the activities, which aligned with the definition of "charitable purpose" post-amendment by the Finance Act, 2008. The cancellation of registration under Section 12AA was deemed invalid as the appellant continued to fulfill its statutory mandate.
2001 (3) TMI 261 - ITAT LUCKNOW The court decided in favor of the assessee, holding that the properties were part of a public charitable trust and qualified for exemption under section 11 of the Income Tax Act. The court found that the trust existed, properties were bequeathed for charitable purposes, and there was a legal obligation to maintain the properties for public benefit. The reopening of assessments was deemed unjustified as all relevant information had been disclosed, leading to a ruling in favor of the assessee on all grounds.
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