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There was no forwarding, not even an effort to forward, the draft assessment order to the correct address, or at least the address furnished to the Revenue under proviso to Rule 127(2), within the permitted time frame.
DSV Solutions Pvt Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30398 (ITAT-MUMBAI)
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Once the principal liability itself is adequately protected or discharged, it cannot be said that the vicarious liability survives.
ICICI Securities Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 30397 (ITAT-MUMBAI)
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AO made adequate enquiries with regard to the Shareholders Account during the course of assessment proceedings and invocation of revisionary jurisdiction by PCIT under Section 263 was grossly incorrect and liable to be quashed.
Tata AIA Life Insurance Company Ltd Vs Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30374 (ITAT-MUMBAI)
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Since the transaction of purchase of the property were duly registered, even the cancellation of the same has to be done through a registered cancellation deed.
Seema Promoters and Builders Pvt. Ltd Vs Dy.CIT
(2022) TaxCorp(LJ) 30371 (ITAT-MUMBAI) · Section 43CA
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For the purpose of Section 10A the quantum of deduction is required to be computed taking into account the profits of the business.
Uni-Design Jewellery Pvt. Ltd Vs Dy. CIT
(2022) TaxCorp(LJ) 30368 (ITAT-MUMBAI) · Section 10A
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Assessee being a non-resident can only be asked to file the details with respect to the income falling under Section 5(2).
Manish Vjay Mehta Vs The DCIT
(2022) TaxCorp(LJ) 30346 (ITAT-MUMBAI)
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Mere pendency of appeal against a binding judicial precedent, in a higher judicial forum does not dilute, curtail or otherwise narrow down its binding nature.
Luxora Infrastructure Pvt Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30345 (ITAT-MUMBAI)
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If Revenue once allowed the deduction for the depreciation, then it is debarred to reject the depreciation claim in the subsequent year on the WDV carried forward from the earlier AY.
Man Industries (India) Limited Vs ACIT
(2022) TaxCorp(LJ) 30344 (ITAT-MUMBAI)
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In the hierarchical judicial system that we have, the better wisdom of the Court below has to yield to the higher wisdom of the Court above.
Wockhardt Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30336 (ITAT-MUMBAI) · Section 144C
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There must exist a fixed place of business in India through which the business is carried out in India whereas it is not even the case that any particular premises were at the disposal of the Assessee.
RGA International Reinsurance Company Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 30329 (ITAT-MUMBAI)
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There is no dispute on Assessee's entitlement for the benefit of exemption under Article 13(4) of the DTAA in respect of short/long term capital gains.
Swiss Finance Corporation (Mauritius), Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30319 (ITAT-MUMBAI)
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The tax liability on capital gains arises only in the year of transfer as per Section 45 which has not been examined.
Abbasbhai A. Upletawala Vs Income Tax Officer
(2022) TaxCorp(LJ) 30315 (ITAT-MUMBAI)
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An assessment order passed in the name of non-existent entity is void ab initio and liable to be quashed.
State Bank of India Vs DCIT
(2022) TaxCorp(LJ) 30311 (ITAT-MUMBAI)
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Taxability of IDR dividend fails in terms of provisions of India-Mauritius DTAA and the provisions of DTAA being more beneficial to Assessee will override the provisions of domestic law.
Barclays Capital Mauritius Limited Vs Asstt. Commissioner of Income Tax (IT)
(2022) TaxCorp(LJ) 30308 (ITAT-MUMBAI)
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Section 68 is applicable to amounts outstanding on credit purchases by rejecting Assessee’s ‘self-serving statements, based on sweeping generalizations, unverified statements, and without any supporting evidence’ as unacceptable.
Solid Machinery Co Pvt Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 30291 (ITAT-MUMBAI) · Section 68
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Just because an assessee has raised a claim by way of an additional ground of appeal before the Tribunal, it does not necessarily mean that the delay is attributable to the assessee.
Grasim Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30290 (ITAT-MUMBAI)
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DRP can pass order of rectification under Rule 13 of DRP Rules within six months from the end of the month in which the order was passed.
Michael Page International Recruitment Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30279 (ITAT-MUMBAI)
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Discount allowed by Vodafone Idea Ltd. to distributors on sale of pre-paid sim cards/recharge vouchers does not attract the provisions of Section 194H.
Vodafone Idea Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30247 (ITAT-MUMBAI)
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The language employed in Section 12AB does not suggest that while granting registration under Section 12A, CIT(E) is empowered to stipulate any conditions subject to which registration shall be granted.
Chamber of Indian Charitable Trusts Vs PCIT
(2022) TaxCorp(LJ) 30227 (ITAT-MUMBAI) · Sections 12AB, 80G
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If the Revenue passes an adverse order, the coercive action against the Assessee shall not be taken for two weeks from the service of such order so that the Assessee can take the remedial measures against such order.
eBay Singapore Services Pvt Ltd Vs Deputy Commissioner of Income Tax (IT) 2(2)(1)
(2022) TaxCorp(LJ) 30195 (ITAT-MUMBAI)
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