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The Revenue considered the total weight of the excess jewellery as gold and failed to consider the other impurities and precious and semi-precious stones and other metals used in such jewellery.
Cholaji Kanniyalal Vs Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31457 (HC-CHENNAI)
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Not only information to be provided but also the material relied upon by the Revenue shall be provided to enable the Assessee to file an effective reply.
Anurag Gupta Vs Income Tax Offcer
(2023) TaxCorp(LJ) 31456 (HC-BOMBAY) · Section 148A(b)
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With effect from Oct 1, 2019, no communication shall be issued by the Income Tax Authority unless a DIN is allotted and is quoted in the body of the letter except under exceptional circumstances as mentioned in Para 3.
Teleperformance Global Services Private Limited Vs Asst.Commissioner of Income Tax
(2023) TaxCorp(LJ) 31455 (ITAT-MUMBAI)
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Amounts received as compensation for hardship, rehabilitation and for shifting are not liable to tax.
Ajay Parasmal Kothari Vs Income Tax Officer
(2023) TaxCorp(LJ) 31454 (ITAT-MUMBAI)
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Merely because the Assessee inadvertently offers a receipt for levy of tax, tax cannot be levied by the Revenue if it is not otherwise constitute income of Assessee.
ANSAL PROPERTIES AND INFRASTRUCTURE LTD Vs PR. COMMISSIONER OF INCOME TAX-1
(2023) TaxCorp(LJ) 31453 (HC-DELHI) · Section 47(iv)
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Assessee is directed to place all the relevant material to decide about the taxability or otherwise of the income that he has earned on record.
Pappu Singh Rajpurohit Vs AO
(2023) TaxCorp(LJ) 31452 (ITAT-JAIPUR)
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CIT/AO may take such action as appropriate in respect of the matters, not placed before it as per the provisions of Section 245F(4).
Jagdish Transport Corporation & Ors Vs UNION OF INDIA AND ORS.
(2023) TaxCorp(LJ) 31445 (SC)
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Only income reasonably attributable to operations carried out in India can be taken as income deemed to accrue/arise in India.
Travelport Inc Vs DIRECTOR OF INCOME TAX
(2023) TaxCorp(LJ) 31444 (SC)
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In the facts and peculiar circumstances of the Assessee’s case, the provisions of Section 269SS and 269T were inapplicable.
Delhi State Taxi Operators’s Co-operative Thrift Credit & Services Society Ltd Vs JCIT
(2023) TaxCorp(LJ) 31443 (ITAT-DELHI) · Sections 269SS, 269T
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If the revised return is a valid return and the assessee has withdrawn the claim of depreciation it cannot be granted relying on the original return when the assessment is based on the revised return.
G.E.Lighting (I) P.Ltd Vs A.C.I.T
(2023) TaxCorp(LJ) 31437 (SC)
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Uber India cannot be treated as assessee-in-default for non-deduction of tax at source under Section 194C on payments made to restaurant and courier partners or driver-partners under Uber Eats and Uber App respectively on behalf of Uber B.V.
Uber India Systems Private Limited Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31436 (ITAT-MUMBAI)
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The capital gains has to be computed only by reference to provisions of Section 112(1)(c)(iii), without giving effect to the first and second provisos to Section 48.
Legatum Ventures Limited Vs Asstt. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31429 (ITAT-MUMBAI) · Section 112(1)(c)(iii)
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Since Assessee is permitted to file revised returns on condonation of delay, if there is any occasion for Revenue to initiate proceedings under Section 143(2) for framing assessment under Section 143(3), the Assessee shall not be entitled to take the defense of limitation.
Sandhya Srivatsan Vs THE COMMISSIONER OF INCOME-TAX
(2023) TaxCorp(LJ) 31428 (HC-KARNATKATA)
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The contract between the Assessee and contracting banks are principal to principal basis and there is no direct connection with the credit card agencies like Visa or Master.
Cleartrip Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31421 (ITAT-MUMBAI)
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Provisions of Section 45 shall not apply if there is a transfer of capital asset by a company to its Indian subsidiary and the parent company along with its nominees hold the whole of share capital of the subsidiary.
Reliance Industries Limited Vs Asst. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31420 (ITAT-MUMBAI)
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An expenditure/loss incurred for any purpose which is an offence shall not be deemed to have been incurred for the purpose of business or profession or incidental to it, and hence, no deduction can be made.
Prakash Chand Lunia (D) Thr.Lrs. & Anr Vs The Commissioner of Income Tax
(2023) TaxCorp(LJ) 31413 (SC)
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Notice under Section 148A(b), subsequent order passed under Section 148A(d) and consequent notice under Section 148 is unsustainable and liable to be set aside.
Alkem Laboratories Limited Vs Principal Commissioner of Income Tax-1
(2023) TaxCorp(LJ) 31412 (HC-PATNA)
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An incriminating material is a prerequisite for the Revenue to assume jurisdiction to assess or reassess the total income for the entire six years block assessment period even in case of completed/unabated assessments.
Abhisar Buildwell P. Ltd. & Others Vs Principal Commissioner of Income Tax
(2023) TaxCorp(LJ) 31411 (SC) · Sections 153A, 153C
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In absence of profit related element, a receipt cannot be classified as income in the hands of recipient and accordingly, reimbursement cannot be treated as income and cannot be subject to tax deduction at source or income tax.
TPF Getinsa Euroestudios S.L Vs ACIT
(2023) TaxCorp(LJ) 31404 (ITAT-DELHI)
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When the adjusted profit is also eligible for exemption under section 10A there is no question of making any addition towards the adjustment made to depreciation.
Zensar Technologies Ltd Vs DCIT-2(3)
(2023) TaxCorp(LJ) 31403 (ITAT-MUMBAI) · Section 80HHE
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