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The Revenue cannot take advantage of the changed legal position as a result of the SC ruling in New Noble Educational Society since SC clarified that the ruling shall operate prospectively.
Sikhya ‘O’ Anusandhan Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 30757 (HC-ORISSA)
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The TDS provisions in the Act has to be read along with relevant DTAAs for computing the tax liability and when the recipient is eligible for benefit of DTAA then there is no scope for deduction of tax at 20% under Section 206AA.
Wipro Ltd Vs THE COMMISSIONER OF INCOME-TAX
(2023) TaxCorp(LJ) 30737 (HC-KARNATKATA) · Section 206AA
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Mere undertaking marketing by meeting customers by one enterprise does not constitute habitually securing and concluding order on behalf of the other enterprise.
Krones Aktiengesellschaft Vs The Dy. C.I.T
(2023) TaxCorp(LJ) 30736 (ITAT-DELHI)
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The existence or absence of entries in the books of accounts is not decisive or conclusive factor in deciding the right of the assessee claiming deduction.
Subex Ltd Vs THE DEPUTY COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30735 (HC-KARNATKATA)
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CIT(E) is directed to decide the application afresh in the light of the fact that the Assessee was assessed at Nil income under Section 143(3) which was not taken into account while rejecting the application.
Hunger Heroes Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30728 (HC-DELHI)
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Mere reliance on information obtained from the Sales Tax Department without causing further enquiries to ascertain genuineness or otherwise of the transaction, would not be sufficient to treat the purchases as bogus.
Infinity Industries Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 30727 (ITAT-MUMBAI)
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US-based Sabre Decision Technologies International LLC does not have a PE in India in the absence of a fixed place of business in India or a dependent agent in India.
Sabre Decision Technologies International LLC Vs ACIT
(2023) TaxCorp(LJ) 30726 (ITAT-DELHI)
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Habitual abode does not mean the place of permanent residence, but in fact it means the place where one normally resides.
Sameer Malhotra Vs ACIT
(2023) TaxCorp(LJ) 30725 (ITAT-DELHI)
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Management services rendered by the Assessee under the Management Service Agreement do not constitute fees for included services under the India-USA DTAA.
Edenred SA Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 30718 (ITAT-MUMBAI)
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As per Section 144B(7), in case the variation proposed in the draft assessment order is prejudicial to the Assessee, it is entitled to request for personal hearing and upon such request, the personal hearing may be provided by the authority.
Map Refoils India Limited Vs NATIONAL E-ASSESSMENT CENTRE
(2023) TaxCorp(LJ) 30717 (HC-GUJARAT)
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The hirer has an option to return the vehicle or the goods taken on hire. It is not a simple transaction of giving a loan or advance on which interest is payable. The transaction(s) in commercial and legal sense are far more complex with corresponding rights of the parties.
Muthoot Leasing And Finance Limited And Another Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30716 (SC)
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The receipts from domain name registration of a Registrar authorised by Internet Corporation for Assigned Names and Numbers is not liable to tax as royalty in India, absent an intellectual property right in the nature of trademark.
PDR Solutions FZC Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 30709 (ITAT-MUMBAI)
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The Revenue came to a definite conclusion during assessment proceedings that Section 56(2)(vii)(c) did not apply, basis all details, information and material on record.
Azim Premji Trustee Company Pvt. Ltd Vs DEPUTY COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30708 (HC-KARNATKATA)
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Once the income is offered in subsequent years and accepted during assessment framed under Section 143(3), no addition can be sustained in relevant assessment years.
Amec Foster Wheeler India Pvt. Ltd Vs The ACIT
(2022) TaxCorp(LJ) 30703 (ITAT-CHENNAI)
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Incentive receivable from the State Government under Rajasthan Investment Promotion Scheme is a capital receipt.
Jain Irrigation Systems Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30702 (ITAT-PUNE)
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The assessment order cannot be held to be prejudicial to the interest of the Revenue merely because the view adopted by AO results into loss to Revenue, or is not agreeable to the PCIT, unless it can be shown that the order is unsustainable in law.
Britannia Industries Ltd Vs PRINCIPAL COMMISSIONER OF INCOME TAX 1
(2022) TaxCorp(LJ) 30701 (HC-CALCUTTA)
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Payment made towards school support services falls within the ambit of commission or brokerage and liable for tax deduction at source in terms of Section 194H.
Ox ford University Press Vs DCIT
(2022) TaxCorp(LJ) 30700 (ITAT-MUMBAI)
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Payment made to agent of uneducated sellers for purchase of old vehicles in cash would be covered by Rule 6DD(k) which carves out an exception from disallowance under Section 40A(3).
Piprani Equipment P.Ltd Vs ITO
(2022) TaxCorp(LJ) 30699 (ITAT-AHMEDABAD) · Section 40A(3)
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The reimbursements paid to the Assessee were on cost-to-cost basis and no element of profit was involved therein.
TOYODA Gosei Company Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30676 (ITAT-BANGALORE)
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Assessment order passed by the Revenue attributing 1% of the gross receipts from offshore supply of equipment to PE in India, cannot be held to be erroneous since it is consistent with the approach adopted in the past AYs.
Vetco Gray Pte. Ltd. Vs CIT
(2022) TaxCorp(LJ) 30675 (ITAT-DELHI)
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