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The judgment, has to be understood in the context, which is that they apply for the assessment years in question, which were before this court and were decided.
Ahmedabad Urban Development Authority Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30347 (SC)
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Assessee being a non-resident can only be asked to file the details with respect to the income falling under Section 5(2).
Manish Vjay Mehta Vs The DCIT
(2022) TaxCorp(LJ) 30346 (ITAT-MUMBAI)
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Mere pendency of appeal against a binding judicial precedent, in a higher judicial forum does not dilute, curtail or otherwise narrow down its binding nature.
Luxora Infrastructure Pvt Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30345 (ITAT-MUMBAI)
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If Revenue once allowed the deduction for the depreciation, then it is debarred to reject the depreciation claim in the subsequent year on the WDV carried forward from the earlier AY.
Man Industries (India) Limited Vs ACIT
(2022) TaxCorp(LJ) 30344 (ITAT-MUMBAI)
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Notices under Sections 143(2) and 144C stand on a different footing and cannot be equated with a SCN/DAO, to be issued prior to completion of faceless assessment.
P.T.Lee Chengalvaraya Naicker Trust Vs The Income Tax Officer
(2022) TaxCorp(LJ) 30337 (HC-MADRAS)
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In the hierarchical judicial system that we have, the better wisdom of the Court below has to yield to the higher wisdom of the Court above.
Wockhardt Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30336 (ITAT-MUMBAI) · Section 144C
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There must exist a fixed place of business in India through which the business is carried out in India whereas it is not even the case that any particular premises were at the disposal of the Assessee.
RGA International Reinsurance Company Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 30329 (ITAT-MUMBAI)
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Unless a contribution is made gratuitously and without consideration, it cannot be treated as voluntary contributions for the purpose of exemption of tax under Sections 11 and 12.
MAC Public Charitable Trust Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 30328 (HC-MADRAS)
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The case of the petitioner on financial stringency is not at all considered in the perspective it ought to have been considered by the Principal Commissioner, after applying his mind to the specific plea as taken by the petitioners in that regard.
Tungabhadra Minerals Private Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30327 (HC-BOMBAY)
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No error has been committed by the ITAT or HC in deciding the chargeability of TDS where value of non-convertible debentures and fixed deposit was less than Rs.5,000.
Jai Prakash Associates Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30326 (SC)
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If a person receives donation and maintains the record of identity and address of donors, then such donations cannot be considered to be anonymous donation as defined in Section 115BBC.
Gian Sagar Educational & Charitable Trust Vs The DCIT
(2022) TaxCorp(LJ) 30320 (ITAT-DELHI) · Sections 68, 115BBC
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There is no dispute on Assessee's entitlement for the benefit of exemption under Article 13(4) of the DTAA in respect of short/long term capital gains.
Swiss Finance Corporation (Mauritius), Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30319 (ITAT-MUMBAI)
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The absence of registration of the assignment under the Trademark Act, 1999 does not disentitle the Assessee from asserting ownership in a trademark.
Daikin Shri Ram Aircon Pvt Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30318 (HC-DELHI)
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The ESOP expenditure incurred is a compensation to the employee and has direct nexus with his/her employment, which is included in the salary of the employees under Section 17.
Hewlett Packard (India) Software Operation Pvt. Ltd Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30317 (ITAT-BANGALORE) · Section 195
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No prima facie disallowance under Section 143(1) can be made on a debatable issue without affording a reasonable opportunity of being heard to the Assessee, remands the issue of disallowance of exemption under Section 11.
Rajiv Gandhi University of Health Sciences Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30316 (ITAT-BANGALORE) · Sections 10(23C)(vi), 11
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The tax liability on capital gains arises only in the year of transfer as per Section 45 which has not been examined.
Abbasbhai A. Upletawala Vs Income Tax Officer
(2022) TaxCorp(LJ) 30315 (ITAT-MUMBAI)
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CIT(A) was not justified by estimating the receipts at 16% and deleting the addition.
Western Constructions Vs ACIT
(2022) TaxCorp(LJ) 30314 (ITAT-HYDERABAD)
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Mere fact that certain parties did not respond to the enquiries made by Revenue under Section 133(6) would not by itself be sufficient to warrant addition of expenses.
Havells India Limited Vs The DCIT
(2022) TaxCorp(LJ) 30313 (ITAT-DELHI)
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There is no critical evaluation of expenses by Revenue in the present case and post Apex Laboratories ruling, each of expenditure needs to be evaluated to see if the disallowance is justified.
AstraZeneca Pharma India Limited Vs The Assistant Commissioner of Income-tax
(2022) TaxCorp(LJ) 30312 (ITAT-BANGALORE)
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An assessment order passed in the name of non-existent entity is void ab initio and liable to be quashed.
State Bank of India Vs DCIT
(2022) TaxCorp(LJ) 30311 (ITAT-MUMBAI)
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