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Landmark Rulings

Direct Tax landmark rulings

15,812 rulings

  1. ITAT Ahmedabad · 27 Mar 2023
    The activities carried out by Gujarat Council of Science City are not in the nature of imparting education by general public utility.

    Gujarat Council of Science City Vs DCIT

    (2023) TaxCorp(LJ) 31227 (ITAT-AHMEDABAD)

  2. Supreme Court · 25 Mar 2023
    The date of the Panchnama last drawn would be the relevant date for considering the period of limitation of two years and not the last date of authorisation.

    Anil Minda and Others Vs Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31220 (SC)

  3. ITAT Raipur · 25 Mar 2023
    CIT(E) is not vested with any power to condone delay in filing application for grant of approval under section 10(23C)(vi).

    Manav Rachana Education Society Vs The Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31219 (ITAT-RAIPUR) · Section 10(23C)(vi)

  4. ITAT Mumbai · 25 Mar 2023
    Though this Special Bench judgment referred to supra has been rendered in the context of pre-Securities Transaction Tax (STT) era, still the analogy drawn thereon would be applicable to the facts of the instant case.

    J.P. Morgan Fund Vs Dy. Commissioner of Income Tax (IT)

    (2023) TaxCorp(LJ) 31218 (ITAT-MUMBAI)

  5. Delhi High Court · 25 Mar 2023
    Assessee must be given an opportunity of being heard before rejecting the application seeking immunity from penalty proceedings.

    Rohit Kapur Vs PRINCIPAL COMMISSIONER OF INCOME TAX -7

    (2023) TaxCorp(LJ) 31217 (HC-DELHI)

  6. ITAT Mumbai · 25 Mar 2023
    Where the final assessment order is passed beyond prescribed time limit the same is liable to be quashed.

    APM Terminals India Private Limited Vs The Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31216 (ITAT-MUMBAI) · Section 144C(13)

  7. ITAT Surat · 25 Mar 2023
    Provision of IBC shall have an overriding effect over all other laws, accordingly, it can be concluded that provisions of IBC would prevail over Income Tax Act.

    Sumeet Industries Ltd Vs The DCIT

    (2023) TaxCorp(LJ) 31215 (ITAT-SURAT) · Section 156A

  8. Delhi High Court · 24 Mar 2023
    Revenue’s approach of making observations based on Assessee’s distributor partners, does not meet the parameter set forth in Rule 28AA for estimating Assessee’s income and is thus erroneous.

    Milestone Systems A/S Vs DEPUTY COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31214 (HC-DELHI)

  9. ITAT Chennai · 22 Mar 2023
    The Assessee rightly computed taxable income in compliance with ICDS by negating the adjustments made for disclosure of financial assets and liabilities as per IND-AS.

    Shriram Properties Limited Vs Principal Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31207 (ITAT-CHENNAI)

  10. Calcutta High Court · 21 Mar 2023
    The impugned assessment order is a classical example as to how an assessment should not be made. This leaves us with no other option except to quash the assessment order.

    Indu Goenka Vs ASSESSMENT UNIT, INCOME TAX DEPARTMENT & Ors

    (2023) TaxCorp(LJ) 31200 (HC-CALCUTTA)

  11. ITAT Hyderabad · 21 Mar 2023
    Gift of house to father just prior to sale of land was a camouflage to claim Section 54F deduction as the Assessee owned two house properties.

    Rachit V Shah Vs ITO-7(3)

    (2023) TaxCorp(LJ) 31199 (ITAT-HYDERABAD) · Section 54F

  12. ITAT Mumbai · 20 Mar 2023
    CC Ltd is eligible to claim additional depreciation under Section 32(1)(iia) on the assets acquired in earlier AY.

    ACC Limited Vs Addl. CIT – LTU

    (2023) TaxCorp(LJ) 31192 (ITAT-MUMBAI)

  13. ITAT Indore · 20 Mar 2023
    The activity of assessee cannot be said to be a mere work-contract. It is in the nature of development of project and hence the assessee has rightly claimed the deduction meant for developers.

    Shreenathji Infrastructure (P) Ltd Vs ACIT

    (2023) TaxCorp(LJ) 31191 (ITAT-INDORE) · Section 80-IA(4)

  14. ITAT Delhi · 18 Mar 2023
    The sum related to payment of interest on late payment of TDS was neither added by the Assessee to the taxable income for the relevant AY nor the Revenue had added the same during the course of assessment.

    Delhivery Pvt. Ltd Vs Pr. CIT-3

    (2023) TaxCorp(LJ) 31184 (ITAT-DELHI) · Section 263

  15. ITAT Mumbai · 18 Mar 2023
    Payment received by a US based entity for providing access to Microsoft software to its group companies does not amount to royalty under the domestic law as well as India-US DTAA.

    Atos IT Solutions and Services Inc Vs DCIT (IT)

    (2023) TaxCorp(LJ) 31183 (ITAT-MUMBAI)

  16. ITAT Mumbai · 18 Mar 2023
    AO is duty bound to carry out the verifications and examine the documents furnished by the Assessee in compliances with the directions of DRP.

    DSV Air & Sea Pvt.Ltd Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ Income-tax Officer, The National Faceless Assessment Centre

    (2023) TaxCorp(LJ) 31182 (ITAT-MUMBAI)

  17. ITAT Chennai · 18 Mar 2023
    The nature and head of income on a particular receipt is dependent on the intent of the Assessee and the treatment given in the books of accounts for the relevant AY.

    A. Jesu Rajendran Vs Income Tax Officer

    (2023) TaxCorp(LJ) 31181 (ITAT-CHENNAI) · Section 50C

  18. ITAT Chennai · 18 Mar 2023
    There is no illegality with respect to the cash deposited in the bank after Nov 24, 2016 but before Dec 31, 2016.

    Rangasamy Deepa Vs The Income Tax Officer

    (2023) TaxCorp(LJ) 31180 (ITAT-CHENNAI)

  19. Calcutta High Court · 17 Mar 2023
    For the solitary year, the year under consideration, a departure from the consistent manner in which the department viewed the transactions, cannot be disturbed.

    Century Plyboards (I) Ltd Vs COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31172 (HC-CALCUTTA)

  20. Supreme Court · 17 Mar 2023
    The transfer was not based only on surmises and conjectures as the Assessee's name was taken by some of the persons subjected to search and investigation which indicated a transfer of suspicious cash to the tune of almost Rs.20 Cr. from the Assessee's residence in Delhi.

    Kamal Nath Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31171 (SC)

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