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The Assessee has rightly declared short term capital gains towards profit derived from purchase & sale of shares, thus CIT's assumption of jurisdiction fails.
Saravana Stocks – Investments (P) Ltd Vs The DCIT, ACIT
(2023) TaxCorp(LJ) 31402 (ITAT-CHENNAI)
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Assessee failed to file any corroborative evidence to substantive as to why the money received towards sale of property was kept in his sister-in-law's bank account, when he was having right and interest in the property.
M. Natarajan Vs The Income Tax Officer
(2023) TaxCorp(LJ) 31401 (ITAT-CHENNAI)
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Basic provision of law has not been followed and the adjustment in the returned income is null and void and wholly without jurisdiction.
Ernst & Young Merchant banking Services LLP Vs ADIT
(2023) TaxCorp(LJ) 31400 (ITAT-MUMBAI)
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A bare reading of list of investors demonstrates a specific pattern of buying the shares by lead investor and then his/her family members also in huge quantity.
Hitendra C. Ghadia Vs DCIT
(2023) TaxCorp(LJ) 31399 (ITAT-MUMBAI) · Section 10(38)
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Provision for diminution of value of investment having been written off cannot be added to book profit under Section 115JB(2)(I).
Balmer Lawrie and Company Limited Vs PRINCIPAL COMMISSIONER OF INCOME TAX-2
(2023) TaxCorp(LJ) 31398 (HC-CALCUTTA) · Section 37
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A judicial precedent is only an authority for what it actually decides and not what may come to follow from some observations which find place therein.
Total Oil India Pvt. Ltd. & Others Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31386 (ITAT-MUMBAI)
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Once an asset is contributed as capital in a partnership firm, irrespective of its nature it partakes the character of capital asset.
Ghanshyamdas J Sukhwani(HUF) Vs The DCIT
(2023) TaxCorp(LJ) 31385 (ITAT-PUNE)
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The interest income is not to be treated as business income for computation of the deduction under Section 80-HHC(3)(b).
Magnum International Trading Company (P) Ltd Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31378 (SC) · Section 80HHC
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We are not inclined to interfere with the impugned order under the extraordinary jurisdiction of Article 136 of the Constitution of India.
Siemens Nixdorf Information Systemse GMBH Vs COMMISSIONER OF INCOME TAX (IT 4)
(2023) TaxCorp(LJ) 31371 (SC)
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The Assessee has challenged the proceedings under Black Money Act along with the the constitutional validity of Section 72(c) and Section 153C notice issued under IT Act through writ petitions before HC's Division Bench.
Ratul Puri Vs UNION OF INDIA & ORS.
(2023) TaxCorp(LJ) 31370 (HC-DELHI)
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Powers under section 254(2) of the Act are limited only to rectify/correct any mistake apparent from the records. We do not find any mistake apparent from record in the order passed by the Bench.
Tata Medical Centre Trust Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31365 (ITAT-KOLKATA) · Section 254(2)
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Since the PE in relation to JKSPDC Project cannot be construed to be the PE in respect of JKHCL and JVL Projects, Force of Attraction Rule does not apply.
Lahmeyer International GmbH Vs DDIT
(2023) TaxCorp(LJ) 31358 (ITAT-DELHI)
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Amendment covering non-compete fees received from the profession under Section 28(va) was passed by Finance Act, 2016 with effect from AY 2017-18, thus the same is not applicable to the present case.
Nalini Mahajan Vs ACIT
(2023) TaxCorp(LJ) 31357 (ITAT-MUMBAI) · Section 28(va)
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Taxes on the salary of the seconded employees are already been paid to Indian exchequer and if the same is taxed again in the Assessee’s hands, it will tantamount to double tax.
Morgan Stanley International Incorporated Vs DDIT (International Taxation)-4(1)
(2023) TaxCorp(LJ) 31356 (ITAT-MUMBAI)
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Growing white button mushroom is an agricultural activity and income derived from said activity is agricultural income which is exempt from tax.
British Agro Products (India) Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31355 (ITAT-CHENNAI)
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All the support services are provided by the intra- group entities and particularly, the administrative and day to day management services are provided by the assessee.
Jefferies LLC Vs DCIT (IT)
(2023) TaxCorp(LJ) 31354 (ITAT-MUMBAI)
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The receipts in the present case certainly cannot fall within scope of Article 14, therefore, the only provision under which the receipts can fall is business profits as provided under Article 7 of the tax treaty.
Fraport A.G. Frankfurt Airport Services Worldwide Vs ACIT, ADIT
(2023) TaxCorp(LJ) 31347 (ITAT-DELHI)
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Once the receipts are covered under section 44BB of the Act, automatically, they are excluded from the definition of royalty as provided under Explanation 2(via) to section 9(1)(vi) of the Act.
Pacific Crest Pte. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31346 (ITAT-DELHI) · Section 44BB
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There is nothing on record to show that failure to allocate DIN on final assessment order arose out of the exceptional circumstances contained in Para 3 of the CBDT Circular.
Brandix Mauritius Holdings Ltd Vs THE COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-1
(2023) TaxCorp(LJ) 31341 (HC-DELHI) · Section 292B
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Section 44BBB does not speak of engagement of a foreign company for supply in connection with the turnkey power project, the provisions of Section 44BBB are not applicable.
UK Grid Solution Limited Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31340 (ITAT-DELHI)
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