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Judgments

Sachinder Mohan Mehta vs ACIT  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Ericsson AB, Sweden, PricewaterhouseCoopers Private Limited vs Additional Director of Income Tax  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

ITO vs Satish Gupta  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Dy. Commissioner of Income Tax vs Ridgeview Developers Private Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Deputy Commissioner of Income Tax vs Expeditors International (India) Private Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

DCIT vs Digital Radio (Kol) Broadcasting Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

DCIT vs ITJ Retails Private Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

(1) Alcatel-Lucent France (formerly known as Alcatel CIT, France); (2) Assistant Director of Income Tax vs (1) Assistant Director of Income Tax; (2) Alcatel-Lucent France (formerly known as Alcatel CIT, France)  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Rai Industrial Power Private Limited vs DCIT  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

ACIT vs Kohinoor Foods Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Neeraj Jain vs CIT  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

ACIT vs Nainital Bank Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Income Tax Officer vs Ramkishore Nagarmal Marketing Private Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

DCIT vs Falcon Business Resources Private Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Addl. CIT vs Shrejee Impex Private Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

(1) Interglobe Enterprises Limited; (2) DCIT vs (1) DCIT; (2) Interglobe Enterprises Limited  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Ratnagiri Gas & Power Private Limited vs ACIT  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Railtel Corporation of India Limited vs DCIT  [INCOME TAX APPELLATE TRIBUNAL, 04 Apr 2014]

Madhupala Estates Private Limited vs Income Tax Officer  [INCOME TAX APPELLATE TRIBUNAL, 03 Apr 2014]

T. Manohar Reddy vs Income Tax Officer  [INCOME TAX APPELLATE TRIBUNAL, 03 Apr 2014]

ACIT vs Essar Properties Limited  [INCOME TAX APPELLATE TRIBUNAL, 02 Apr 2014]
Income Tax & Direct Taxes - Depreciation - Deduction - Maintainability - Assessee-company was engaged in business of services, leasing and business Centre facilities, Maintenance and Running of Guest House filed its return of income and declaring total income of Rs. Nil - AO found that assessee was engaged in business of leasing property-management-services and business centre facilities, that it had shown lease income on account of lease rent of its premises at Rs.1,49,67,056/- and lease income of plant and machinery at Rs.72,00,000/-,that it had claimed administrative expenses of Rs. 16,95,993/-, that net profit had been arrived at Rs. 81,67,346/-,that assessee claimed lease rent as business income - AO after allowing deduction u/s.24 in respect of repairs and finance charges, he computed income from house property at Rs.61,21,511/-.Vide his order passed u/s.143(3) of the Act, he completed assessment on total income of Nil after allowing set off of unabsorbed depreciation of Rs.1,66,97,023 - Aggrieved assessee file appeal before Firat Appeal Authority - Appeal was allowed - Hence instant appeal by Revenue - Whether the order recorded by CIT(A) was maintainable -

Held, Tribunal consistently held that income of assessee should be assessed under head income from business and it should be allowed expenses incurred by it in carrying out its business - Depreciation claimed by assessee had also been allowed by Tribunal - First Appellate Authority granted relief to assessee, in pursuance of orders of Tribunal - Thus, there was no legal infirmity in his order - Therefore, respectfully following orders of Tribunal for earlier years and confirming order of First Appellate Authority, Court decided effective ground of appeal against AO - Appeal dismissed.


Deputy Commissioner of Income Tax vs Cement Manufacturing Company Limited  [INCOME TAX APPELLATE TRIBUNAL, 02 Apr 2014]

(1) Essar Teleholding Limited; (2) ACIT vs (1) ACIT; (2) Essar Teleholding Limited  [INCOME TAX APPELLATE TRIBUNAL, 02 Apr 2014]

Sealion Sparkle Port & Terminal Services (Dahej) Limited vs Dy. Commissioner of Income-tax  [INCOME TAX APPELLATE TRIBUNAL, 02 Apr 2014]
Income Tax & Direct Taxes - Disallowance claim - Sustainability - Assessee was engaged in business of Toyage, Comprehensive port management services marine environmental services, Tug Operations and Supply of Tugs - Assessee filed its return of income for A/y 2007-08 declaring 'NIL' income - Assessee claimed deduction for Rs.50,61,920 with regard to the services rendered by it at the port and claimed it to be operation and maintenance of ports - AO disallowed the said claim - Appeal before CIT(A) - CIT(A) upheld the disallowance claim made by AO - Hence instant appeal - Whether the order recorded by CIT(A) was sustainable -

Held, assessee, though not filed, audit report in Form 10CCB along with return or even during assessment proceedings, when same was filed even during appellate proceedings, such additional evidence and contentions, taken in that behalf went to root of matter, and become legal contentions - As such, same have to be admitted and matter had to be sent back to AO for fresh examination in light of such additional evidence and legal contentions - In this view of matter, CIT(A) opinion was not justified in not admitting audit report in Form 10CCB field by assessee by way of additional evidence before him Hence, impugned order of CIT(A) was set aside and restored matter to file of AO for fresh examination of claim of assessee for relief, in light of audit report in Form 10CCB, and allow same if other conditions were fulfilled - AO should allow reasonable opportunity of hearing to assessee and re-determine issue in accordance with law - Appeal allowed.


Pradeep Kumar Dalal vs ITO  [INCOME TAX APPELLATE TRIBUNAL, 02 Apr 2014]



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