ITAT Lucknow Judgments — March 2020

The Tribunal held that the land under the rice mill was a capital asset, but the remaining land, which continued to be used for agricultural operations and was recorded as such in revenue records, was not. Therefore, capital gains were only exigible on the portion of the land occupied by the rice mill.

The Tribunal set aside the CIT's order and restored the matter to the CIT's file. The CIT is directed to re-decide the application considering the amended by-laws and providing a hearing opportunity to the assessee.

The Tribunal held that the payments to teachers were not contractual in nature under Section 194C, but rather constituted salary payments covered by Section 192. Therefore, the appellant was wrongly declared an assessee in default for non-deduction of TDS.

The Tribunal held that the payments to teachers were not contractual in nature under Section 194C, but rather constituted salary payments covered by Section 192. Therefore, the appellant was wrongly declared an assessee in default for non-deduction of TDS.

The Tribunal held that the payments to teachers were not contractual in nature under Section 194C, but rather constituted salary payments covered by Section 192. Therefore, the appellant was wrongly declared an assessee in default for non-deduction of TDS.