Income Tax Appellate Tribunal Case Commentaries

Reopening of Income Tax Assessments: Addressing Assessing Officer’s Error under Section 40(b)

Date: Sep 22, 2017

Reopening of Income Tax Assessments: Addressing Assessing Officer’s Error under Section 40(b) Introduction The case of Price Waterhouse & Co v. Assistant Commissioner Of Income Tax adjudicated by the...

Principal Commissioner of Income-tax v. Reliance Capital Asset Management Ltd.: Clarifying Disallowance Under Section 14A and Rule 8D

Date: Sep 20, 2017

Principal Commissioner of Income-tax v. Reliance Capital Asset Management Ltd.: Clarifying Disallowance Under Section 14A and Rule 8D Introduction The case of Principal Commissioner of Income-tax –...

Condonation of Delay in Income Tax Appeals: Precedent Established in Vijay Vishin Meghani v. Deputy Commissioner of Income-tax

Date: Sep 20, 2017

Condonation of Delay in Income Tax Appeals: Precedent Established in Vijay Vishin Meghani v. Deputy Commissioner of Income-tax Introduction The case of Vijay Vishin Meghani v. Deputy Commissioner of...

Enhanced Clarity on Weighted Deductions under Section 35(1)(ii) of the Income Tax Act: Insights from Saimed Innovation v. Income Tax Officer

Date: Sep 14, 2017

Enhanced Clarity on Weighted Deductions under Section 35(1)(ii) of the Income Tax Act: Insights from Saimed Innovation v. Income Tax Officer Introduction The case of Saimed Innovation v. Income Tax...

Clarifying the Scope of Section 153A and Section 68 in Income Tax Assessments: Insights from Commissioner of Income-tax-20 v. Deepak Kumar Agarwal

Date: Sep 12, 2017

Clarifying the Scope of Section 153A and Section 68 in Income Tax Assessments: Insights from Commissioner of Income-tax-20 v. Deepak Kumar Agarwal Introduction The case of Commissioner of...

Baxter India Pvt. Ltd. v. ACIT: Establishing Rigorous Standards in Transfer Pricing Adjustments

Date: Aug 25, 2017

Baxter India Pvt. Ltd. v. ACIT: Establishing Rigorous Standards in Transfer Pricing Adjustments Introduction The case of Baxter India Pvt. Ltd. v. ACIT, Circle-4(1), New Delhi, adjudicated by the...

MARG Limited v. Deputy Commissioner Of Income Tax: Clarifying Penalty Provisions under Section 271(1)(c)

Date: Aug 15, 2017

MARG Limited v. Deputy Commissioner Of Income Tax: Clarifying Penalty Provisions under Section 271(1)(c) Introduction The case of MARG Limited v. Deputy Commissioner Of Income Tax Company Range IV...

Set-Off of Business Losses Against Deemed Income under Section 69B: Insights from Assistant Commissioner Of Income Tax v. Sanjay Bairathi Gems Ltd.

Date: Aug 9, 2017

Set-Off of Business Losses Against Deemed Income under Section 69B: Insights from Assistant Commissioner Of Income Tax v. Sanjay Bairathi Gems Ltd. Introduction The case of Assistant Commissioner Of...

Non-Taxation of Business Profits under DTAA Without Permanent Establishment: ITAT Decision in Deputy Commissioner Of Income Tax vs. Kotak Securities Ltd.

Date: Aug 1, 2017

Non-Taxation of Business Profits under DTAA Without Permanent Establishment: ITAT Decision in Deputy Commissioner Of Income Tax vs. Kotak Securities Ltd. Introduction The case of Deputy Commissioner...

Disallowance of Expenditure under Section 14A and Rule 8D: Insights from Devarsons Industries v. Assistant Commissioner of Income Tax (OSD)

Date: Jul 26, 2017

Disallowance of Expenditure under Section 14A and Rule 8D: Insights from Devarsons Industries v. Assistant Commissioner of Income Tax (OSD) Introduction The case of Devarsons Industries (P.) Ltd. v....

Continuity of Deductions under Section 80IA/80IB After Initial Assessment under Section 143(1): Insights from Simple Food Products (P.) Ltd. v. Commissioner of Income-tax-II, Nagpur

Date: Jul 13, 2017

Continuity of Deductions under Section 80IA/80IB After Initial Assessment under Section 143(1): Insights from Simple Food Products (P.) Ltd. v. Commissioner of Income-tax-II, Nagpur Introduction The...

Commissioner of Income-tax v. Lavanya Land (P.) Ltd.: Jurisdictional Clarity under Section 153C

Date: Jun 24, 2017

Commissioner of Income-tax v. Lavanya Land (P.) Ltd.: Jurisdictional Clarity under Section 153C Introduction The case of Commissioner of Income-tax, Central-III, Mumbai v. Lavanya Land (P.) Ltd....

Affirmation of Section 234E and Rule 31A in Rajesh Kourani v. Union of India

Date: Jun 21, 2017

Affirmation of Section 234E and Rule 31A in Rajesh Kourani v. Union of India Introduction The case of Rajesh Kourani v. Union of India, adjudicated by the Income Tax Appellate Tribunal on June 20,...

Vireet Investment Pvt. Ltd. Judgment: Clarifying the Non-Applicability of Section 14A Disallowances in MAT Computations under Section 115JB

Date: Jun 17, 2017

Vireet Investment Pvt. Ltd. Judgment: Clarifying the Non-Applicability of Section 14A Disallowances in MAT Computations under Section 115JB Introduction The case of Assistant Commissioner Of Income...

ITAT Clarifies Burden of Proof in Dismissing Additions for Bogus Purchases under Section 69C

Date: Jun 15, 2017

ITAT Clarifies Burden of Proof in Dismissing Additions for Bogus Purchases under Section 69C Introduction The case of Jignesh Desai v. Income Tax Officer, adjudicated by the Income Tax Appellate...

Clarity on Reopening Assessments under Section 148 IT Act: Aaspas Multimedia Ltd. v. DC IT

Date: Jun 10, 2017

Clarity on Reopening Assessments under Section 148 IT Act: Aaspas Multimedia Ltd. v. Deputy Commissioner of Income-tax, Circle 1(1) Introduction The case of Aaspas Multimedia Ltd. v. Deputy...

Principal Commissioner of Income-tax v. Apeak Infotech: Share Premium Classified as Capital Receipts and Implications for Taxation under Section 28(iv)

Date: Jun 9, 2017

Principal Commissioner of Income-tax v. Apeak Infotech: Share Premium Classified as Capital Receipts and Implications for Taxation under Section 28(iv) Introduction The case of Principal Commissioner...

Immunity from Penalty under Section 271(1)(c) Upon Compliance with Explanation 5 Conditions

Date: May 27, 2017

Immunity from Penalty under Section 271(1)(c) Upon Compliance with Explanation 5 Conditions 1. Introduction The case of M/s Vee Gee Industrial Enterprises, Faridabad v. ACIT, Faridabad adjudicated by...

Cairn India Ltd. v. DCIT: MAT Depreciation Methods in Oil & Gas Sector

Date: May 18, 2017

MAT Depreciation Methods in Oil & Gas Sector: Insights from Cairn India Ltd. v. DCIT Introduction The case of Cairn India Ltd. v. Deputy Commissioner Of Income Tax, Circle-1(1), Gurgaon adjudicated...

Classification of Interest Earned on Fixed Deposits: Capital Receipt vs. Revenue Income in Income Tax Appellate Tribunal Decision

Date: May 6, 2017

Classification of Interest Earned on Fixed Deposits: Capital Receipt vs. Revenue Income in Income Tax Appellate Tribunal Decision Introduction The case of Commissioner of Income-tax v. Bhawal...