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Merely mentioning the status as resident in the original return of income cannot be the ground for treating the Assessee as resident.
Ananya Ajay Mittal Vs DCIT
(2023) TaxCorp(LJ) 30893 (ITAT-MUMBAI)
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The provision of the Section 115JC cannot be applied retrospectively to the project which was approved prior to the introduction of Section 115JC.
Vikram Developers and Promoters Vs The DCIT
(2023) TaxCorp(LJ) 30892 (ITAT-PUNE) · Sections 80-IB(10), 115JC
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Donations received without a specific direction of forming part of corpus of trust would fall within ambit of income of a trust derived from property and includible in total income.
Akshay Educational & Social Welfare Charitable Trust Vs DCIT
(2023) TaxCorp(LJ) 30891 (ITAT-PATNA) · Section 12A
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Delayed payment in respect of employees’ contribution to PF and ESI is not allowable.
Sunila Sahu Vs ACIT
(2023) TaxCorp(LJ) 30890 (ITAT-CUTTACK) · Section 37
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When it is probable that total contract costs will exceed total contract revenue, the expected loss should be recognised as an expense.
L&T MHPS Generators Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 30889 (ITAT-MUMBAI)
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Since the material referred to in the ‘reasons to believe’ was not supplied to the Assessee, the entire proceedings for the reopening of the assessment and leading to the consequential assessment stand vitiated in law.
Micro Marbles Private Limited Vs Office of the Income Tax Officer Ward-1
(2023) TaxCorp(LJ) 30888 (HC-RAJASTHAN)
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ITAT - Delhi ITAT Rules: Use of 'Make Available' in Agreement Not Sufficient to Classify as Fees for Technical Services (FTS).
TSYS Card Tech Ltd Vs DCIT
(2023) TaxCorp(LJ) 30881 (ITAT-DELHI)
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ITAT - Non execution of a registered document of transfer of title may have civil consequences in regard to his title, qua rights between the seller and purchaser but for the purpose of benefits of Section 54/54F, the assessee shall be deemed to have ‘purchased’ the properties.
Sanjay Choudhary Vs ACIT
(2023) TaxCorp(LJ) 30873 (ITAT-DELHI) · Section 54F
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In respect of a similar matters, the online gaming services was held not in the nature of betting/gambling and the said views were not disturbed by the SC by dismissing the SLPs against said decisions.
Myteam11 Fantasy Sports Pvt Ltd vs UOI
(2023) TaxCorp(LJ) 30865 (HC-RAJASTHAN)
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The upkeep and maintenance expenses do not result in bringing into existence a new capital asset or substituting a capital asset but upkeeps and maintains a capital asset and over years enables the capital asset to generate business income.
Rehabilitatipon Plantations Limited Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30864 (HC-KERALA)
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Once the lessors are held to be the owners and are entitled to depreciation, the Revenue thereafter cannot be permitted with respect to the same transaction, the Respondent being the lessee are the owners and are entitled to depreciation.
Narmada Chematur Petrochemicals Ltd. (Now Known As Gujarat Narmada Valley Fertilizers Company Ltd.) Vs THE COMMISSIIONER OF INCOME TAX-III
(2023) TaxCorp(LJ) 30863 (SC)
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Once the assessee satisfies the threshold conditions of section 10(23C)(iv) of the Act, the approval granted cannot be withdrawn, that too, with retrospective effect, alleging violation of certain compliance conditions.
Population Services International Vs CIT (E)
(2023) TaxCorp(LJ) 30856 (ITAT-DELHI) · Section 10(23C)
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The scope of services to be rendered by the Assessee does not indicate that they are anything other than managerial services as it aids and assists the Indian subsidiary for performing its day to day business activity.
Wolters Kluwer Financial Services Belgium NV Vs DCIT
(2023) TaxCorp(LJ) 30852 (ITAT-DELHI)
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Assessment passed by Revenue in the name of non-existing entity is null and void ab initio and liable to be quashed and cross objection of Assessee stands allowed and Revenue’s appeal becomes academic.
Barclays Global Service Centre Private Limited (Formerly : Barclays Shared Services Pvt. Ltd.) Vs DCIT
(2023) TaxCorp(LJ) 30851 (ITAT-PUNE)
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The penalty proceedings have been initiated after 14 years and the same is belated and beyond reasonable limitation period of time.
Hindustan Coca-Cola Beverages Pvt. ltd Vs JCIT
(2023) TaxCorp(LJ) 30850 (ITAT-DELHI)
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There is nothing on record which show that Assessee directed investment of funds in fulfilment of discharge of its legal obligation in a capital asset.
Steel Authority of India Ltd Vs PR. COMMISSIONER OF INCOME TAX-7
(2023) TaxCorp(LJ) 30849 (HC-DELHI) · Section 37(1)
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Section 54F is beneficial provision and substantial compliance of the same would entitle Assessee to claim full deduction.
D. Vijayalakshmi Vs ITO
(2023) TaxCorp(LJ) 30848 (ITAT-CHENNAI) · Section 54F
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Law is very clear in as much as the amount which is not utilized for construction and purchase of property before filing return of income must necessarily be deposited in an account duly notified by the Central Government so as to be exempted under Section 54F.
Ramalingam Nagarajan Vs The Income Tax Officer
(2023) TaxCorp(LJ) 30847 (ITAT-CHENNAI) · Section 54F
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Fees received under centralised service agreement cannot be treated as Fees for Included Services under Article 12(4)(a)/(b) of the India-US DTAA.
Inter Continental Hotels Group (Asia Pacific) Pte. Ltd. Vs ACIT
(2023) TaxCorp(LJ) 30846 (ITAT-DELHI)
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The special audit shall have no effect as the order was not communicated to the Assessee.
RAJIV GANDHI PROUDYOGIKI VISHWAVIDYALAYA Vs UNION OF INDIA AND OTHERS
(2023) TaxCorp(LJ) 30839 (SC)
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