S. 251 : Appeal-Commissioner (Appeals)–Duties-CIT (A) has to pass a speaking order after appreciation of facts–Matter remanded. [S. 5]
Fujitsu Consulting India (P.) Ltd. v. ACIT (2019) 179 ITD 278 (Delhi)(Trib.)S. 251 : Appeal-Commissioner (Appeals)–Duties-CIT (A) has to pass a speaking order after appreciation of facts–Matter remanded. [S. 5]
Fujitsu Consulting India (P.) Ltd. v. ACIT (2019) 179 ITD 278 (Delhi)(Trib.)S. 194B : Deduction at source-Winning from lottery–Lucky draw price coupons-Gratuitous distribution without any price being paid by customers-Not lottery–Not liable to deduct tax at source . [S. 2(24 ) (ix), 115BB]
Rajmohan V.V., Kumbalappalli. v. ITO (2019) 179 ITD 288/ ( 2020) 193 DTR 189/ 206 TTJ 629 (Cochin)(Trib.)S. 159 : Legal representatives – Assessment-Assessee is not the legal heir of the deceased – Assessment is held to be bad in law .[ S.142(1), Hindu Succession Act, 1956,S 8, 15 ]
ITO v. Rathindranath Bhattacharya. (2019) 179 ITD 349 (Kol.)(Trib.)S. 68 : Cash credits–AIR information-TDS difference and reconcile income–Addition cannot be made as cash credits. [S. 194J Form, 26AS]
TUV India (P.) Ltd. v. DCIT (2019) 75 ITR 364 / 179 ITD 238 / (2020) 191 DTR 246/ 204 TTJ 192(Mum.)(Trib.)S. 68 : Cash credits–Share transactions–Accommodation entries-Unaccounted money-denial of exemption is held to be justified. [S. 10 (38), 45]
Satish Kishore. v. ITO (2019) 179 ITD 333/(2020) 203 TTJ 749 / Nawal Kishore v. ITO ( 2019 ) 179 ITD 333/ ( 2020) 203 TTJ 749 (Delhi)(Trib.)S. 54F : Capital gains-Investment in a residential house–Payments towards purchase of house property-Deduction is available up to date of filing of return of income prescribed u/s. 139(4). [S. 45, 139(1), 139(4)]
Vatsala Asthana (Smt.) v. ITO (2019) 179 ITD 297 (Delhi)(Trib.)S. 54F : Capital gains-Investment in a residential house–Purchase of flat from builder-Date of allotment to be taken as date of acquisition of property-House consisted of several independent units–Exemption cannot be denied–New house need not be purchased exclusively in the name of the assesee-Invested prior to date of filing of return u/s. 139(4)–Eligible for exemption. [S. 45, 139(1), 139(4)]
Kamal Murlidhar Mokashi (Mrs.) v. ITO (2019) 179 ITD 265/( 2020) 194 DTR 99/ 206 TTJ 100 (Pune)(Trib.)S. 54EC : Capital gains-Investment in bonds-Transferable Development Right (TDR)-Acquisition of immovable property is capital asset-Period of holding of TDR was to be calculated from date of acquisition of assessee’s property by municipality. [S 2(14), 43(5), 45, 48].
Adi D. Vachha v. ITO (2019) 179 ITD 356 /(2020) 194 DTR 142/ 206 TTJ 166 (Mum.)(Trib.)S. 45 : Capital gains-Taxable in the hands of owner and not in the hands of General Power of Attorney holder. [S. 2(47)]
Veerannagiri Gopal Reddy v. ITO (2019) 72 ITR 578 / 179 ITD 305 (Hyd.)(Trib.)S. 37(1) : Business expenditure–Ad-hoc disallowance of 10% of total expenses-Books of account not rejected–Submitted the details of expenses-Ad-hoc disallowance is held to be not justified. [S. 145]
TUV India (P.) Ltd. v. DCIT (2019) 75 ITR 364 / 179 ITD 238 /( 2020) 191 DTR 246/ 204 TTJ 192 (Mum.)(Trib.)