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Merely because the transaction is through account payee cheque alone cannot convert a non-genuine transaction into a genuine transaction.
Sangeeta Devi Jhunjhunwala Vs ITO
(2023) TaxCorp(LJ) 31575 (ITAT-DELHI) · Section 10(38)
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Revenue failed to provide any corroborative evidence to demonstrate that the Assessee carried out business/profession in India wholly or partly through a fixed place of business.
MTR Corporation Ltd Vs DCIT
(2023) TaxCorp(LJ) 31574 (ITAT-DELHI)
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Even if for any year the taxpayer is found to be existing solely for educational purposes and not for purposes of profit, the Assessee still has to continuously satisfy this pivotal condition each and every year.
The Indian Institute Of Banking & Finance (Formerly known as The Indian Institute of Bankers) Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31566 (ITAT-MUMBAI) · Section 10(23C)(vi)
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There cannot be two contradictory orders of the Tribunal one upholding the assessment and other quashing the assessment based on the jurisdictional error.
Krishna Kumar D Shah (HUF) Vs Income Tax Officer
(2023) TaxCorp(LJ) 31565 (ITAT-HYDERABAD)
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In today’s time of advancement technology, it becomes incumbent on the Assessee to supply proper credentials, including email ID and mobile numbers to the Income Tax Department.
Manas Vs Income Tax Officer
(2023) TaxCorp(LJ) 31564 (HC-MADRAS)
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Delayed payment of tax does not amount to willful evasion of tax where for bona fide reasons, the assessee revised the return and corrected the details of tax payment.
Vivimed Labs Ltd Vs PCIT
(2023) TaxCorp(LJ) 31557 (HC-AP) · Sections 276C, 277
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Though there are different class of assessees under the Income Tax Act, they cannot be considered to be equal, merely for reason of their being assessed under that Act.
Pankaj Kumar Vs Income Tax Office
(2023) TaxCorp(LJ) 31556 (HC-PATNA) · Section 45(5A)
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The intent of the legislature behind Section 69A is to subject articles like gold, jewellery and other valuable items, to income tax, where such articles are typically owned with the intention of avoiding income tax.
D. N. Singh Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31555 (SC) · Section 69A
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Under the provisions of Rule 11UA, the Assessee has option to value shares under DCF method or NAV method.
Gamma Pizzakraft (Overseas) Pvt. Ltd Vs ACIT
(2023) TaxCorp(LJ) 31551 (ITAT-DELHI) · Section 56(2)(viib)
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Under Section 170, Revenue is obligated to assess the total income of the Assessee for the post-amalgamation period.
TSI Business Parks (Hyderabad) Pvt Ltd Vs ACIT
(2023) TaxCorp(LJ) 31550 (HC-AP)
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There was no non-disclosure by Assessee and there can be no addition of transactions in the hands of the Assessee which solely belong to the non-resident foreign company.
Krishna Das Agarwal Vs DDIT, ADIT(Inv.)
(2023) TaxCorp(LJ) 31546 (ITAT-JAIPUR)
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Not considering the reply filed by the Assessee is a sufficient ground for setting aside the impugned penalty order.
Prateek Chitkara Vs JOINT COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31545 (HC-DELHI)
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Reimbursement of project administration cost received by non-resident Assessee from GSSPL for development of campus as per the CPSA is not taxable as FIS under Article 12 of India-USA DTAA, absent fulfilment of make available condition.
Goldman Sachs & Co. LLC Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31538 (ITAT-MUMBAI)
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It cannot be said that there was any mistake apparent from record or that the proceedings are amenable to the jurisdiction of the learned Assessing Officer under section 154.
Anjanee Vijetha Kasturi Vs Asst. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31537 (ITAT-HYDERABAD) · Sections 115BBE, 68, 69
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Rendering of service by the seconded personnel shall not constitute as fees for technical services, in the absence of making available any technical knowledge or skill to the Indian entity.
Juniper Networks Inc. Vs ITO
(2023) TaxCorp(LJ) 31536 (ITAT-BANGALORE)
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Failure on the part of the Assessee to pay the tax in its entirety in respect of the declaration made under section 183 would be deemed to have never been made under the IDS.
Sunil Wamanrao Sakore Vs Union of India
(2023) TaxCorp(LJ) 31535 (HC-BOMBAY)
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Subscription fees received by Assessee for providing access to its online database is not taxable as royalty both under Section 9(1)(vi) and under Article 12(3) of the India-Switzerland DTAA.
IQVIA AG (Previously known as IMS AG) Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31534 (ITAT-MUMBAI)
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If two reasonable constructions of a taxing provision are possible that construction which favours the Assessee must be adopted.
Kalyaanee Krrsna Builders Vs TDSCPC Ghaziabad
(2023) TaxCorp(LJ) 31533 (ITAT-MUMBAI) · Sections 234E, 200A
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Section 153A/153C proceedings are invalid in completed or unabated assessments where no incriminating material is found during search.
Abhisar Buildwell P. Ltd Vs PRINCIPAL COMMISSONER OF INCOME TAX
(2023) TaxCorp(LJ) 31526 (SC)
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Even under the provisions of the India-South Africa DTAA, the payment of compensation under the Termination Agreement is not taxable in India.
The Board of Control for Cricket in India Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31519 (ITAT-MUMBAI)
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