Direct Tax Weekly Round-Up: 23 To 29 June 2024
Mariya Paliwala
30 Jun 2024 6:05 AM GMT
Calcutta High CourtRaising Issue Of Non-Service Of Bills At Appellate Stage Not Permissible; Calcutta High Court Upholds 50% Interest Waiver On Property TaxCitation: 2024 LiveLaw (Cal) 149Case Title: Saila Ghosh Versus State of West BengalThe Calcutta High Court, while dismissing the appeal of the assessee, upheld the 50% waiver of the interest on property tax.Andhra Pradesh High...
Calcutta High Court
Citation: 2024 LiveLaw (Cal) 149
Case Title: Saila Ghosh Versus State of West Bengal
The Calcutta High Court, while dismissing the appeal of the assessee, upheld the 50% waiver of the interest on property tax.
Andhra Pradesh High Court
Belated Deposit Of TDS, Andhra Pradesh High Court Quashes Prosecution Against Assessee
Citation: 2024 LiveLaw (AP)47
Case Title: M/s Aditya Institute Of Technology And Management Versus The State Of Andhra Pradesh
The Andhra Pradesh High Court has quashed the prosecution proceedings launched against the assessee for belatedly depositing tax deducted at source (TDS).
Assessment Order Passed Against Dead Person Is Nullity: Karnataka High Court
Case Title: Smt. Sowmya S. Versus ITO
The Karnataka High Court, while quashing the assessment order, held that the assessment order under Section 147 read with Section 144 of the Income Tax Act amounts to nullity.
ITAT
Orders Sent Through Email Went To Spam Folder; Cuttack ITAT Condones Delay Of 145 Days
Case Title: Tirupati Prasad Sahu Versus ITO
The Cuttack Bench of Income Tax Appellate Tribunal (ITAT) has condoned the delay of 145 days in filing an appeal by the assessee on the ground that the assessee mistakenly did not receive the orders sent through email, as many of these orders are going to spam folders.
Case Title: Carers World Wide Versus The Commissioner of Income Tax (Exemptions)
The Bangalore Bench of Income Tax Appellate Tribunal (ITAT) has quashed the order rejecting the approval under Section 80G of the Income Tax Act as the Central Board of Direct Taxes (CBDT) has extended the due date for filing Form 10A/10AB via press release dated April 25, 2024, to June 30, 2022.
Wrong Classification In ITR Can't Result Into Denial In Deduction: Chennai ITAT
Case Title: National Contracting Company Versus DCIT
The Chennai Bench of Income Tax Appellate Tribunal (ITAT) has held that the claim of the assessee cannot be denied for the reason that a deduction was mentioned in the wrong classification in the ITR, especially in the circumstances where all other evidence is available on record suggesting the deduction in pursuance of the provisions of Section 43B is available.
Case Title: Grand Paradi Co-op Housing Vs. Society Ltd. Versus The Income Tax Officer
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has allowed the deduction under Section 80P(2)(d) of the Income Tax Act to the Grand Paradi Co-op Housing Society and held that cooperative banks are cooperative societies that are doing banking business.
Exhibition By Gem And Jewellery Export Promotion Council, Not Trade And Commerce: Mumbai ITAT
Case Title: Dy. Commissioner of Income-Tax Versus The Gem And Jewellery Export Promotion Council
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has held that the exhibitions conducted by the assessee, the Gem and Jewellery Export Promotion Council, are not in the nature of trade and commerce.
Notice Sent On Incorrect Email Addresses Constitutes Improper Service: Ahmedabad ITAT
Case Title: LMP Motors Private Limited Versus ACIT
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that the notices were sent to an incorrect email address, which led to the non-receipt of the notices by the assessee.
Non Service Of Hearing Notice Invalidates Ex-Parte Order: Kolkata ITAT
Case Title: M/s Littlestar Projects Pvt. Ltd vs. ITO
Finding that the hearing notices were not duly served by the CIT(A) or the AO and resultantly the assessment order was passed ex-parte, the Kolkata ITAT directed the assessee to furnish its correct address before the competent authority.
Case Title: Supreme & Co. Pvt. Ltd vs. DCIT
The Kolkata ITAT held that delayed deposit of amount collected towards employees' contribution to PF renders claim of deduction u/s 36(1)(va) ineligible.
Case Title: DN Solutions (India) Private Limited vs. ITO
The Bangalore ITAT held that once the Department has accepted the capital gain offered by the seller upon transfer of its business, then said transaction cannot be doubted in the hands of the purchaser.
Case Title: Herbalife International India vs. DCIT
The Bangalore ITAT held that payment made by Assessee (Indian entity) to its foreign AE (Parent entity) for obtaining administrative services will not be taxable as FTS/FIS in India in terms of Indo USA DTAA, in absence of 'make available' clause in the agreement between both the parties.
Case Title: Ares Diversified vs. ACIT
The New Delhi ITAT held that once the DRP has chosen to reject the objections of assessee on the ground of delay, its resultant effect is confirmation of merits of draft order passed by the AO.
Case Title: Bankula Jaga Reddy vs. ITO
Finding that the assessee has shown highest rate of net profit in its first year of business, the Cuttack ITAT directed for estimation of net profit @2.75% on the total turnover of the assessee after reduction of the airport rent cost, sheet cost and truck rent cost as there is no possibility of assessee earning any income out of the said expenses.
