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The transaction involved is free sale and amount paid to AE for supply of Red Hat Subscription is the price of maintaining and support services and not the price for license of software.
Red Hat India Pvt. Ltd. Vs DCIT
(2022) TaxCorp(LJ) 29955 (ITAT-MUMBAI)
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There is nothing on record to suggest that the requirement of law that the bad debt was written-off as irrecoverable in the Assessee’s accounts for the previous year had been satisfied.
Khyati Realtors Pvt. Ltd Vs PR. COMMISSIONER OF INCOME TAX 6
(2022) TaxCorp(LJ) 29952 (SC)
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If Assessee is able to satisfy the Revenue that the services rendered in the relevant AY were similar to the services rendered in the subsequent AY, the reassessment proceeding would be closed.
Ernst And Young U.S. LLP Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29944 (HC-DELHI)
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Revenue’s suspicion on impugned transaction, just because HRPL is an entity associated to the Assessee which derived substantial return on the option deposits from this arrangement, is factually perverse.
K. Raheja Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29943 (ITAT-MUMBAI)
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The Benami Transactions (Prohibition) Amendment Act, 2016 (2016 Act) prescribes substantive provisions and is not merely procedural.
Ganpati Dealcom Pvt. Ltd Vs UNION OF INDIA & ANR.
(2022) TaxCorp(LJ) 29936 (SC)
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Assessee is not permitted to file the review on whether the Assessee can be treated at par with the Central/State Government employees or not for the purpose of Section 17.
Indian Institute Of Science Vs DY. COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29929 (SC)
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Limitation for rectification under Section 154(7) is 4 years even for intimation under Section 143(1).
Zintec Software (P) Ltd Vs Dy. C.I.T.
(2022) TaxCorp(LJ) 29928 (ITAT-HYDERABAD)
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The ground of rejection of Assesse's declaration under the Act is not valid and the Revenue is directed to re-examine the declaration and proceed on merits.
Kapri International (P) Ltd. Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29923 (HC-DELHI)
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The concept of ‘ready to use’ is not applicable in the facts of the present case, since Assessee could not have put these 14206 units in use in the business of leasing at all.
L&T Ltd. Vs DCIT
(2022) TaxCorp(LJ) 29922 (ITAT-MUMBAI)
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Section 43CA and 50C are in pari materia and retrospective application of Section 50C is also applicable on Section 43CA.
Sai Bhargavanath Infra Vs The Asstt. Commissioner of Income-tax
(2022) TaxCorp(LJ) 29921 (ITAT-PUNE) · Section 43CA
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Notice under Section 148 can be issued even if there is a time limit for issuance of notice under Section 143(2) has not been expired in pursuance of return filed under Section 139 for completing regular assessment.
C. Gangadhara Murthy Vs The Dy. Commissioner of Income-tax
(2022) TaxCorp(LJ) 29920 (ITAT-BANGALORE)
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The Revenue erred in passing assessment order based on standalone basis despite aware of the amalgamation while making addition.
Rohit Bal Designs Pvt. Ltd. Vs ACIT
(2022) TaxCorp(LJ) 29919 (ITAT-DELHI)
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We do not find any error in the finding of the Ld. CIT(A) in upholding the Project Completion Method followed by the Assessee for declaring income from the project under reference.
Suratchandra B. Thakkar (HUF) Vs ACIT-30(3)
(2022) TaxCorp(LJ) 29918 (ITAT-MUMBAI)
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The power of transfer exercisable under Section 127 is relatable only to the jurisdiction of the Income Tax Authorities. It has no bearing on the ITAT, much less on a High Court.
ABC Papers Limited Vs PR. COMMISSIONER OF INCOME TAX – I
(2022) TaxCorp(LJ) 29911 (SC) · Section 127
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The reference made to DVO under Section 142A by Revenue is not justified, thus the addition of Rs. 13.88 Cr based on DVO’s report cannot be sustained.
K. Satish Kumar Vs The Addl. CIT
(2022) TaxCorp(LJ) 29910 (ITAT-BANGALORE) · Section 142A
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There was no evidence to doubt the transaction or suggest that payment sent to M/s HSL was received back nor was there any evidence of any infraction of law by any of the Government authorities.
NIIT Online Learning Ltd Vs ACIT
(2022) TaxCorp(LJ) 29909 (ITAT-DELHI) · Section 153A
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Revenue is directed to develop a mechanism to avoid undue harassment to the Assessees on account of fault in its portal and also ensure due verification of data fed on the portal and not as an empty formality, within a month.
S R Cold Storage Vs Union Of India
(2022) TaxCorp(LJ) 29903 (HC-ALLAHABAD)
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Once the accounts have been prepared in accordance with standards in this regard, this tinkering by the Assessing Officer has no sanction of law.
GE Power Systems India Private Limited, (formerly known as Alstom Bharat Forge Power Private Limited) Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29898 (ITAT-DELHI)
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Since the business loss of 13.43 Cr has not been carried forwarded to AY 2007-08, the same is not available for set off against Assessee’s income as per Section 72A.
Hotel Leela Venture Ltd Vs Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29897 (ITAT-MUMBAI) · Sections 72A, 79
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The notice issued to Assessee under Section 148 and the corrigendum issued thereafter were both time barred since issued after the period of six years from the end of relevant AY.
INFINEON TECHNOLOGIES AG Vs DEPUTY COMMISSIONER OF INCOME-TAX
(2022) TaxCorp(LJ) 29890 (HC-KARNATKATA)
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