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When at the first instance in the original assessment proceedings, no opinion is formed, the principle of change of opinion does not apply.
Sunil Jain Vs INCOME TAX DEPARTMENT THROUGH NATIONAL FACELESS ASSESSMENT CENTRE
(2022) TaxCorp(LJ) 29798 (HC-DELHI)
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Payment made by the Assessee for advertisement in connection with their business falls within the ambit of section 194C and not section 194J.
Cowtown Software Design Pvt. Ltd., (Formerly known as Nabhiraja Software Design Pvt.Ltd.,) Vs DCIT
(2022) TaxCorp(LJ) 29791 (ITAT-MUMBAI) · Sections 194C, 194J
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The approach of the AO as well as PCIT to determine jurisdiction after completion of assessment is contrary to Section 124(4).
UV Realtors Private Limited Vs PR. COMMISSIONER OF INCOME TAX-7, DELHI
(2022) TaxCorp(LJ) 29790 (HC-DELHI) · Section 124(4)
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Revenue cannot examine the taxability of income merely on the suspicion that the scheme of amalgamation approved by HC is floated with the sole object of avoidance of income tax.
Purbanchal Power Company Limited Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29789 (HC-CALCUTTA) · Section 68
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No disallowance can be made by invoking the provisions of Section 14A read with Rule 8D(2) where the Assessee had not earned any exempt income.
Maxivision Eye Hospital Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29788 (ITAT-CHENNAI) · Section 14A
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Explanation 2(c) of Section 147 squarely applies to wherein the income is subject to excess relief or excessive allowance during the original assessment.
The Dharmapuri District Central Co-operative Bank Ltd Vs JCIT
(2022) TaxCorp(LJ) 29787 (ITAT-CHENNAI)
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Satisfactory explanation under Section 68 would not save Assessee for excess premium taxability under Section 56(2)(viib).
Bigfoot Retail Solution Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29786 (ITAT-DELHI) · Section 56(2)(viib)
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No interest is chargeable under Section 234B for sums on which tax was not deducted by the payer but the tax was subsequently paid by the payee as held by SC in Mitsubishi Corporation.
Van Oord ACZ Marine Contractors BV Vs The Chief Commissioner of Income Tax-I
(2022) TaxCorp(LJ) 29785 (HC-MADRAS)
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TDS is adjustable against the tax, if any, ultimately assessed as payable by the Assessee and any excess tax deducted is refundable with interest.
National Petroleum Construction Company Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29784 (SC)
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The Assessee circulated CDA through capital dividend so as to circumvent Section 55(2) which would have transformed the taxable dividend paid by 4244 when Assessee’s shares were redeemed by it.
3295940 CANADA INC. Vs Foreign Court Canada
(2022) TaxCorp(LJ) 29783 (HC-Forein)
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No income could be attributed to alleged Dependent Agent PE of Adobe-Ireland in India, when the transaction between Indian AE and foreign party is found to be at arm’s length price.
Adobe Systems Software Ireland Ltd Vs M/s Adobe Systems Software Ireland Ltd.
(2022) TaxCorp(LJ) 29777 (ITAT-DELHI)
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Revenue is directed to process ITRs of companies disclosing income under Section 44BB pertaining to AY 2016-17 so that CPC could process the refund.
Almansoori Wireline Services Company LLC Vs CENTRAL BOARD OF DIRECT TAXES & ORS
(2022) TaxCorp(LJ) 29776 (HC-DELHI) · Section 44BB
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The deemed dividend can be taxed only in the hands of the registered shareholder of the company and not in the hands of the company which has received the loan.
Pallava Resorts Private Limited Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29775 (ITAT-CHENNAI) · Section 2(22)(e)
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The time at which the residual EIS as receivable by the assessee would become determinate only on the day when the Trust is aware of the amounts determined on each payout date.
Cholamandalam Investment & Finance Co. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29768 (ITAT-CHENNAI)
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In the present case, it is not in dispute that the Assessee has made claim for deduction under Section 80P, hence the provisions of sec. 80A(5) are not applicable to the assessee.
Meghana Apartment Cooperative Housing Society Ltd Vs ITO-25( 3)( 1)
(2022) TaxCorp(LJ) 29767 (ITAT-MUMBAI) · Section 80P, 143(1), 80AC
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Relaxation provisions must be interpreted in a liberal and non-pedantic manner, and so as to give full effect to the relaxations permitted by the legislature.
Suminter India Organics Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29766 (ITAT-MUMBAI) · Section 115BAA
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The cause for the delay in filing the appeal, which could have been avoided by exercise of due care and responsibility, cannot be a sufficient cause within the meaning of the limitation provision.
Malnad Organics Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 29761 (ITAT-BANGALORE)
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Disputed question of material fact cannot be decided in the writ proceedings and shall be determined in the appellate proceedings.
Tata Teleservices Limited Vs COMMISSIONER OF INCOME TAX (IT)
(2022) TaxCorp(LJ) 29760 (HC-DELHI)
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The revision order passed under Section 263 is invalid and deemed to have never been issued as it fails to mention DIN in its body or any reason for non-issuance of DIN.
Tata Medical Centre Trust Vs Commissioner of Income tax
(2022) TaxCorp(LJ) 29759 (ITAT-KOLKATA)
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Revenue is directed to adjudge Petitioner’s claim under Benami Transactions Informants Reward Scheme, 2018 within 6 months from receipt of information in specified format, which was denied citing Petitioner's failure to furnish information in the said format.
Sharad Pandya Vs Central Board Of Direct Taxes
(2022) TaxCorp(LJ) 29752 (HC-RAJASTHAN)
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