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Revisionary jurisdiction cannot be exercised on a issue which is already decided in appellate proceedings by CIT(A).
Greenwell Orchards Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 30005 (ITAT-AHMEDABAD)
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From the combined reading of Section 245R(2)(i) and Section 153, it is clear that assessment order is not void even though payment made to UAE entity is assessed and disallowed.
Think and Learn Private Limited Vs Principal Commissioner of Income Tax - 3
(2022) TaxCorp(LJ) 30004 (ITAT-BANGALORE)
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CIT(A) disregarded principle of natural justice in holding that relief can be claimed only by filing the revised return within the statutory time limit that had already expired.
Heidrick and Struggles Inc. Vs DCIT
(2022) TaxCorp(LJ) 30003 (ITAT-DELHI)
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HC ruling cannot be treated as precedent while keeping the question of law on CBDT’s powers under Section 119(2)(b) open for consideration in an appropriate case.
Vasudeva Adigas Fast Food Pvt. Ltd Vs Central Board of Direct Taxes & Others
(2022) TaxCorp(LJ) 29996 (SC)
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Section 56(2)(viib) is not applicable to the present case, since the same is only relevant for issuance of shares to residents.
Raw Pressery Private Limited (formerly known as Rakyan Beverages Pvt. Ltd.) Vs ACIT
(2022) TaxCorp(LJ) 29995 (ITAT-MUMBAI)
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CIT proceeded with an understanding that the profit attribution of a Fixed Place PE and Dependent Agent PE are in pari materia which has been specifically rejected in the binding judicial precedents stated above.
MFE Formwork Technology Sdn Bhd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29988 (ITAT-MUMBAI)
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There is a bonafide claim made by Assessee but under the wrong section and the said mistake is not a mistake which could only be corrected by filing a revising return.
Armine Hamied Khan Vs Income Tax Officer
(2022) TaxCorp(LJ) 29987 (ITAT-MUMBAI) · Sections 54, 54F
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The modification is pursuant to the offer made by the Assessee and will not be considered as a precedent in any other proceeding.
Huawei Telecommunications (India) Company Private Limited Vs THE DEPUTY DIRECTOR OF INCOME TAX (INV.)-4(3)
(2022) TaxCorp(LJ) 29986 (HC-DELHI)
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In the present case, proper verification was not done on the information available with the Revenue at the time of issuance of show cause notice under Section 148A(b) which lead to the erroneous order under Section 148A(d).
Excel Commodity And Derivative Pvt. Ltd Vs UNION OF INDIA AND ORS.
(2022) TaxCorp(LJ) 29985 (HC-CALCUTTA) · Section 148A(d)
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Amounts credited in favour of non-resident, were not at the disposal or control of statutory agent and therefore, cannot be charged to tax on the basis of receipt of income, actual or constructive in the taxable countries.
United India Insurance Co. Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29984 (ITAT-CHENNAI) · Section 40(a)(i)
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Deferred tax asset cannot be claimed as a deduction as revenue expenditure since it is not an actual expenditure.
Sunny Vista Realtors Pvt. Ltd Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29971 (ITAT-MUMBAI)
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Depreciation cannot be denied merely on the reasoning that cars were registered in the name of the Directors of the Company.
Shivam Water Treaters Pvt. Ltd. Vs A.C.I.T.,(OSD)
(2022) TaxCorp(LJ) 29964 (ITAT-AHMEDABAD)
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ITAT erred in law by holding that the difference between the price at which stock options were offered to Assessee's employees under ESOP scheme and the prevailing market price of the stock on the date of grant of such options was not allowable revenue expenditure under Section 37(1).
PVR Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29963 (HC-DELHI)
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The commission so received is not royalty but FTS since the Assessee was involved in rendition of managerial services to SIPL.
Springer Verlag GmbH Vs The D.C.I.T
(2022) TaxCorp(LJ) 29962 (ITAT-DELHI)
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Payment made towards data storage services are not in the nature of royalty within the meaning of Section 9(1)(vi) and accordingly TDS liability under Section 195 does not arise.
Reasoning Global EApplication Ltd Vs Dy. C.I.T.
(2022) TaxCorp(LJ) 29961 (ITAT-HYDERABAD)
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Powers under Section 251 are wide but cannot go to the extent of displacing powers under Section 147, 148 and 263.
C.N. Babu Vs ITO
(2022) TaxCorp(LJ) 29960 (ITAT-BANGALORE)
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Once an enquiry is conducted during assessment proceeding, insufficient or inadequate enquiry or improper enquiry could not be a ground to invoke power under Section 263 and this case is not a case of no enquiry.
Shivshahi Punarvasan Prakalp Ltd Vs The Pr. Commissioner of Income Tax-14
(2022) TaxCorp(LJ) 29959 (HC-BOMBAY) · Section 263
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Disabling provision of Explanation 2 to Section 37(1) will not be attracted on CSR expenditure incurred on a voluntary basis and for the purpose of promotion of business and are allowable deduction under Section 37.
JSW Cement Ltd Vs Addl.CIT/Dy. ACIT
(2022) TaxCorp(LJ) 29958 (ITAT-MUMBAI)
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Nature of payment which has been claimed to be compensation for vacating land and handing over peaceful possession, is nothing but compensation made to the self.
Jayapal Sanjay. Vs DCIT
(2022) TaxCorp(LJ) 29957 (ITAT-CHENNAI)
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Payment under consideration cannot be considered to be FTS as it is not related to managerial, technical or consultancy services and even AE does not provided any service to the Assessee.
Red Hat India Pvt. Ltd. Vs DCIT
(2022) TaxCorp(LJ) 29956 (ITAT-MUMBAI)
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