2021-TIOL-143-HC-KAR-IT
CIT Vs S N Builders And Developers
Whether in the absence of maintenance of regular books of accounts, assessee is entitled to the project completion method - YES: HC
- Revenue's appeal dismissed : KARNATAKA HIGH COURT
2021-TIOL-142-HC-KAR-IT
CIT Vs Fibres And Fabrics International Pvt Ltd
Whether remuneration paid to the Director of the Company can be disallowed merely because he was just a Managing Director of the company - YES: HC
- Revenue's appeal allowed : KARNATAKA HIGH COURT
2021-TIOL-140-HC-AHM-IT
Devenbhai Mafatlal Patel Vs ACIT
Whether reopening of assessment can be made merely on the ground of incorporation of interest on partners capital and remuneration - NO:HC
- Assessee's appeal allowed : GUJARAT HIGH COURT
2021-TIOL-137-HC-MAD-IT
Subash Subramanian Vs Pr.CIT
On appeal, the High Court acknowledges the assessee's intent to seek settlement of the matter under the Direct Tax Vivad Se Vishwas Act, 2020. Hence it directs the Competent Authority to consider the assessee's application under the Act. It also permits liberty to restore the appeal if the assessee's application is rejected.
- Assessee's appeal disposed of : MADRAS HIGH COURT
2021-TIOL-136-HC-MAD-IT
C Kishanlal Vs DCIT
On appeal, the High Court acknowledges the assessee's request to seek settlement of the matter under the Direct Tax Vivad Se Vishwas Scheme 2020. Hence it finds no purpose in keeping the present appeals pending. It also directs the Competent Authority to consider the assessee's application under the Scheme and pass order accordingly.
- Assessee's appeals disposed of : MADRAS HIGH COURT
2021-TIOL-135-HC-MAD-IT
CIT Vs Janak Shantilal Mehta
Whether reopening of assessment u/s 147 is valid even if reasons for reopening of assessment were not provided to the assessee especially when a specific request for the same was made - NO: HC
- Revenue's appeal dismissed : MADRAS HIGH COURT
2021-TIOL-134-HC-MAD-IT
Pr.CIT Vs Deepa Vijay
Whether relevant deed was Deed of voluntary gift as no consideration was passed on and the donee accepted the gift unconditionally - YES : HC
-Revenue's appeal dismissed : MADRAS HIGH COURT
2021-TIOL-133-HC-DEL-IT
Pr.CIT Vs Akshit Kumar
Whether sales made out of stock accepted in earlier years by Department amount as unexplained income to be taxed as income from other sources – NO: HC
- Revenue's appeal dismissed : DELHI HIGH COURT
2021-TIOL-128-ITAT-KOL
DCIT Vs STP Ltd
Whether deduction u/s 35(2AB) for in-housing Scientific Research and development expenditure can be allowed when at the time of assessee's claim DSIR does not approve of such expenditure in the Form 3CL - NO: ITAT
- Revenue's appeal partly allowed : KOLKATA ITAT
2021-TIOL-126-ITAT-BANG
Chandrashekar Veerabhadraiah Vs ITO
Whether the fact that the residential house consists of several independent units cannot be permitted to act as an impediment to the allowance of the deduction u/s 54/54F - YES: ITAT
- Case remanded: BANGALORE ITAT
2021-TIOL-125-ITAT-DEL
Aryahi Buildwell Pvt Ltd Vs ACIT
Whether absence of specific charges for levy of penalty, makes the entire penalty proceedings invalid - YES : ITAT
- Assessee's appeal allowed: DELHI ITAT
2021-TIOL-124-ITAT-DEL
Tejinder Kaur Vs ITO
Whether re-opening of assessment is valid, where based on information which does not pertain to the assessee & on erroneous presumptions of the AO - NO: ITAT
- Assessee's appeal allowed: DELHI ITAT
2021-TIOL-123-ITAT-MUM
Axis Trading Company Pvt Ltd Vs ITO
Whether penalty imposed u/s 271(1)(b) can be removed as assessment is completed u/s 143(3) and not u/s 144 of the Act - YES : ITAT
- Assessee's appeal allowed: MUMBAI ITAT
2021-TIOL-122-ITAT-MAD
ACIT Vs Chennai Central Cooperative Bank Ltd
Whether provision for wage arrears estimated on reasonable degree of estimation based on past events cannot be considered as unascertained liability, merely because said liability was quantified and paid in subsequent financial years - YES: ITAT
- Revenue's appeal dismissed: CHENNAI ITAT
2021-TIOL-121-ITAT-AHM
Dimple Vishal Agrawal Vs ITO
Whether depreciation on Xerox machine has to be allowed @ 60%, more so where the same is an integal part of a computer system - YES: ITAT
- Assessee's appeal allowed: AHMEDABAD ITAT
2021-TIOL-120-ITAT-BANG
P Abubakar Vs ACIT
Whether prior period expenses claimed by an assessee are to be disallowed where the assessee is unable to establish their genuineness - YES: ITAT
- Assessee's appeal dismissed: BANGALORE ITAT
2021-TIOL-119-ITAT-JAIPUR
Rajasthan Nursing Council Vs CIT
Whether an educational institution can be held charitable u/s 2(15) if its predominant objective is education and not to earn profits – YES : ITAT
- Assessee's appeal allowed: JAIPUR ITAT
