Revenue Cannot Disallow Trademark Depreciation Once Accepted In Initial Year: ITAT Mumbai

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) on 10 April held that depreciation on a trademark arising out of an amalgamation, once allowed in the initial year, cannot be disallowed in subsequent years in the absence of any change in facts. A Bench comprising Accountant Member Om Prakash Kant and Judicial Member Sandeep Singh Karhail delivered the ruling while deciding Revenue's appeals and Transworld Furtichem Private Limited's cross-objections for multiple assessment years. It...

ITAT New Delhi Dismisses Revenue Appeal Against Bharat Kalia, Finds No 50CA Violation In Share Sale

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) on 10 April dismissed the Revenue's appeal against Bharat Kalia and held that no addition under Section 50CA of the Income Tax Act, 1961 can be made where the sale consideration of unquoted shares exceeds the fair market value determined under the prescribed rules. Section 50CA applies when a taxpayer transfers unquoted shares at a price lower than their fair market value (FMV), triggering substitution of the consideration for tax...

ITAT Mumbai Grants Relief To Sachin Khedekar, Holds Delay In Filing Form 67 Not Fatal For FTC Claim

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) on 10 April allowed an appeal filed by actor Sachin Shrikant Khedekar and held that delay in filing Form No. 67 is a procedural lapse and cannot justify denial of foreign tax credit under Section 90 of the Income Tax Act, 1961. A Bench of Judicial Member Sandeep Singh Karhail and Accountant Member Bijayananda Pruseth held: “.....mere delay in filing Form No. 67 as per the provisions of Rule 128(9), as they stood during the year...

CBDT Delay Condonation Circular For 'Genuine Hardship' Applies Irrespective Of Assessment Year: Delhi High Court

The Delhi High Court has held that a beneficial circular issued by the Central Board of Direct Taxes (CBDT) allowing delay condonation in cases of “genuine hardship” cannot be restricted to specific assessment years and must be applied uniformly to all bona fide cases.A Division Bench of Justices Dinesh Mehta and Vinod Kumar passed the ruling while allowing a writ petition filed by VRG Electronics Pvt. Ltd., challenging the rejection of its application for condonation of delay in filing...

Delhi High Court Upholds Reassessment, Says Defect In 7-Day Notice Under Income Tax Act Stood Cured By Corrigendum

The Delhi High Court has upheld reassessment proceedings against an taxpayer for Assessment Year 2018–19, holding that the defect of granting less than seven days to respond to a notice under Section 148A(b) of the Income Tax Act stood cured by a corrigendum issued within the limitation period. A Division Bench of Justices V. Kameswar Rao and Vinod Kumar rejected the petitioner's challenge that the notice was invalid for providing only six days to respond, contrary to the statutory requirement...

Interest On Funds Linked To Business Setup Not Taxable As 'Other Income': Delhi HC In VNG Automotive Case

The Delhi High Court has recently held that interest earned by VNG Automotive Pvt. Ltd. on funds earmarked for setting up its manufacturing unit cannot be taxed as “income from other sources”, finding that the funds were not surplus but were directly linked to project obligations. The Division Bench of Justice V. Kameswar Rao and Justice Vinod Kumar said: “We find that the funds in the present case were not lying as surplus but the same were earmarked to facilitate the balance payment for...

Actor Vijay Appeals Single-Bench Ruling Of Madras High Court Upholding ₹1.5 Crore Income Tax Penalty

Actor-turned-politician Joseph Vijay has moved a Division Bench of the Madras High Court against a single-judge ruling that upheld a ₹1.5 crore income tax penalty imposed on him.The appeal, filed last month, is yet to be listed for hearing.The challenge is to a judgment by Justice Senthilkumar Ramamoorthy, who had dismissed Vijay's writ petition and upheld the penalty linked to alleged undisclosed income of Rs 15 crore for the financial year 2015–16.The single judge held that the penalty order...

Gujarat High Court Seeks Affidavit From Centre Over Failure To Make ITR Utilities Available By April 1

The Gujarat High Court recently directed the Union government to file an affidavit in a writ petition filed by the Chartered Accountants Association, Surat, and others, alleging continued non-compliance with its 2015 directions on the timely availability of income tax return e-filing utilities. A Division Bench of Justice A.S. Supehia and Justice Pranav Trivedi noted that despite its earlier ruling in All Gujarat Federation of Tax Consultants v. CBDT, the respondent Department had not followed...

Supreme Court Refuses To Interfere With Delhi HC Ruling On Deletion Of FTS/FIS Additions On Coursera

The Supreme Court has recently refused to interfere with the Delhi High Court ruling holding that receipts earned by Coursera Inc. from providing access to its online learning platform are not taxable as Fees for Technical Services (FTS) or Fees for Included Services (FIS) under the Income Tax Act and the India–USA DTAA. A Bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe said it was not inclined to interfere with the impugned judgment of the Delhi High Court and dismissed...

ITAT Kolkata Remands DIC Fine Chemicals' Transfer Pricing, Book Profit, Interest Adjustments Per APA

The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) on 6 April, held that when a company enters into an Advance Pricing Agreement (APA) with the Central Board of Direct Taxes (CBDT) covering the relevant assessment year, transfer pricing disputes must be reconsidered in accordance with the APA.A Bench of Judicial Member Sonjoy Sarma and Accountant Member Rakesh Mishra remanded the arm's length price determination for AY 2021-22 in favour of DIC Fine Chemicals, observing that the APA...

ITAT Kolkata Deletes ₹43.98 Lakh Addition Against Disha Eye Hospitals For Genuine SBN Receipts

The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) on 6 April deleted a Rs. 43.98 lakh addition made against Disha Eye Hospitals Pvt. Ltd., holding that receipts from a genuine source, even if in demonetised notes (SBNs), cannot be treated as unexplained money under Section 69A of the Income Tax Act. A Bench comprising Judicial Member George Mathan and Accountant Member Rakesh Mishra observed: “Only on account of the fact that the receipts were in SBNs, the same could not be added...

ITAT Kolkata Remands ₹92.67 Crore Addition Against Addhya Forex, Upholds Right To Fair Hearing

The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) on 6 April remanded reassessment proceedings against Addhya Forex (P) Ltd., holding that the addition of Rs. 92.67 crore was based on ex parte orders and directing the Assessing Officer to give the taxpayer a fresh opportunity to present its case. A Bench comprising Judicial Member George Mathan and Accountant Member Rakesh Mishra set aside the order of the Commissioner of Income Tax (Appeals), observing: “Since no compliance was...