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Mere fact of an Assessee’s offering an income to tax in an earlier year cannot be the reason enough to negate his otherwise lawful claim of non-taxability.
Michael Page International Recruitment Pvt Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29840 (ITAT-MUMBAI)
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Scrutiny assessment of VFSPL was completed without making any addition and was concluded even prior to the issuance of the notice under Section 148A(d) to the Assessee.
South Asian Stocks Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29839 (HC-DELHI)
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The report which forms the basis of opinion that Assessee has shown bogus purchases from bogus entities to suppress the profit and reduce the tax liability were not provided to the Assessee which violates the principles of natural justice.
Best Buildwell Private Limited Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 29838 (HC-DELHI) · Section 148A(d)
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The penalty order under Section 271(1)(c) was passed on April 26, 2018, which is much beyond the period of limitation of six months from receipt of ITAT order by the authorities as prescribed under Section 275(1).
CFM Materials PL (earlier known as GE, Aviation Materials LP) Vs DCIT
(2022) TaxCorp(LJ) 29837 (ITAT-DELHI)
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Once the amount received by the assessee does not fall within the definition of FTS under section 9(1)(vii) of the Act, by default, section 44DD would not apply to such payment.
Technip France SAS Vs DCIT
(2022) TaxCorp(LJ) 29836 (ITAT-DELHI) · Section 44BB
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Merely expenses for construction of building incurred in cash alone cannot be ground to hold that those expenses are related to non-specific purpose even when Revenue did not dispute the construction of building.
Gokula Education Foundation – Medical Vs The Additional Director of Income Tax
(2022) TaxCorp(LJ) 29835 (ITAT-BANGALORE) · Section 11
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No TDS liability under Section 195 arose on payments made to University of Texas, USA for carrying out research activity.
Oil and Natural Gas Corporation Limited Vs Income Tax Officer-2
(2022) TaxCorp(LJ) 29829 (ITAT-AHMEDABAD)
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Applicability of Section 50 is limited for working out the cost of acquisition under Sections 48 and 49 for the depreciable asset but the capital gain has to be treated as long term capital gain if the period of holding is more than 3 years.
Reliance Transport & Travels Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29828 (ITAT-MUMBAI)
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The time-limit for filing appeal would start running only from the the date of receipt of the order and not the date of order and any other interpretation would result in incongruity and absurdity and ought to be avoided.
Anuttam Academic Institutions Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29827 (HC-MADRAS)
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Section 206AA cannot override the provisions of India-Netherland DTAA.
Air India Ltd Vs COMMISSIONER OF INCOME TAX INTERNATIONAL
(2022) TaxCorp(LJ) 29821 (HC-DELHI) · Section 206AA
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The additional depreciation is allowable under Section 32(1)(iia) for assets acquired during the prior period and installed during the relevant financial year.
Bosch Limited Vs The Commissioner of Income Tax
(2022) TaxCorp(LJ) 29820 (ITAT-BANGALORE) · Section 32AC
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Payments made by Deloitte to its group company in respect of global brand, global communications and global technology/knowledge management is not royalty under Article 12 of India-UK DTAA and thus, not liable for TDS under Section 195.
Deloitte Haskins & Sells LLP Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29819 (ITAT-MUMBAI)
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Property developer is not liable for deducting tax at source under Section 194A on payment of subvention charges or pre-EMI charges to housing finance company on behalf of buyer.
Ozone Urbana Infra Developers Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29812 (ITAT-BANGALORE)
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Rs.121.15 Cr received by a Singapore-based company from its Indian AE for rendering certain business support services is not taxable under India-Singapore DTAA as the services did not make available any technical knowledge or skill to the AE.
NTT Asia Pacific Holdings Pte Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29811 (ITAT-MUMBAI)
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Order under Section 241A cannot be passed in a mechanical and routine manner and refunds cannot be withheld just because Section 143(2) notice has been issued and the Revenue wants verify the claim for deduction under Section 10AA.
Trueblue India LLP Vs DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29810 (HC-DELHI) · Section 241A
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It is not for CIT(E) to decide as to when and how should cancellation of the registration be made, at the point of time of granting the registration and specific provisions are in place for cancellation of registration.
Bai Navajbai Tata Zoroastrian Girls School Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29809 (ITAT-MUMBAI)
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The question whether registration granted can be cancelled with retrospective effect was never an issue, as the Assessee in that case never challenged or contended that registration cannot be cancelled with retrospective effect.
Jeevan Jyoti Charitable Trust Vs Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29808 (ITAT-ALLAHABAD) · Section 12A
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Mere usage of facility provided by Facebook does not render the payments as royalty, since copyright attached to the facility is not parted with.
Interactive Avenues Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29807 (ITAT-MUMBAI)
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Recovery of demand against issues which have been decided in favour of Assessee is wholly unwarranted.
Expeditors International Of Washingtion, INC Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29800 (HC-DELHI)
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A Company cannot be allowed to set off losses arising from trading in shares conducted by the Directors under their unique client code by using the money lent by the Company.
Nekkanti Systems Private Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 29799 (ITAT-HYDERABAD)
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