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Landmark Rulings

Direct Tax landmark rulings

15,812 rulings

  1. ITAT Chennai · 25 Jul 2022
    The expenditures are relating to 2G Spectrum Scam in which the directors and shareholders of the Assessee were accused, thus, it is not incurred wholly and exclusively for the purpose of business.

    Kalaignar TV Pvt. Ltd. Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29751 (ITAT-CHENNAI)

  2. Bombay High Court · 23 Jul 2022
    When the language of a statute is unambiguous and admits of only one meaning, no question of construction of a statute then arises.

    Kumar Builders Consortium Vs The Pr. Commissioner of Income Tax- 4

    (2022) TaxCorp(LJ) 29748 (HC-BOMBAY)

  3. Delhi High Court · 23 Jul 2022
    In cases of short deduction of TDS, disallowance under Section 40(a)(ia) of the Act cannot be made and the correct course of action would have been to invoke Section 201.

    FUTURE FIRST INFO. SERVICES PVT. LTD Vs PR. COMMISSIONER OF INCOME TAX-1

    (2022) TaxCorp(LJ) 29747 (HC-DELHI) · Section 201

  4. Delhi High Court · 23 Jul 2022
    DSIR is statutorily bound to issue the Form 3CL within 120 days in accordance with Rule 6(7A)(ba).

    SRF Ltd Vs UNION OF INDIA & ANR

    (2022) TaxCorp(LJ) 29746 (HC-DELHI)

  5. ITAT Delhi · 23 Jul 2022
    Article 7(3) of India-Spain DTAA is not applicable in this case since nothing was paid by the Assessee to the head office on account of loss and no deduction claimed.

    Cobra Instalaciones Y Services S.A Vs DCIT

    (2022) TaxCorp(LJ) 29745 (ITAT-DELHI)

  6. ITAT Delhi · 23 Jul 2022
    Revenue is directed to grant the deduction under Section 80GGA read with Section 35A as claimed by the Assessee under Chapter VI-A.

    Parijat Trust Vs DCIT

    (2022) TaxCorp(LJ) 29744 (ITAT-DELHI) · Section 11

  7. ITAT Delhi · 23 Jul 2022
    The Assessee is not in default under Section 201(1) and the default interest under Section 201(1A) shall be computed only on professional or technical services fee paid to EdCIL India Ltd. at 20% or 16% or 5% of the grant in aid and not on the whole of grant.

    Department of School Education and Literacy Vs ACIT

    (2022) TaxCorp(LJ) 29743 (ITAT-DELHI) · Section 201(1A)

  8. HP High Court · 22 Jul 2022
    HC- Merely because the respondent had got order from the VAT Authority, did not in itself make the cash sales genuine.

    JMJ Essential Oil Company Vs PR. COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29736 (HC-HP) · Section 271(1)(c)

  9. ITAT Bangalore · 22 Jul 2022
    ITAT- The expenses incurred towards discontinued project of cafeteria and breakout area expansion does not bring any benefit of enduring nature to the Assessee and thus are allowable as revenue expenditure under Section 37.

    Texas Instruments (India) Private Limited Vs The Additional Commissioner of Income-Tax

    (2022) TaxCorp(LJ) 29735 (ITAT-BANGALORE)

  10. Delhi High Court · 22 Jul 2022
    HC- Retrospective provision in a tax act which is for the removal of doubts cannot be presumed to be retrospective.

    ERA Infrastructure (India) Ltd Vs PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2

    (2022) TaxCorp(LJ) 29734 (HC-DELHI)

  11. Calcutta High Court · 21 Jul 2022
    Assessee had discharged the initial burden placed upon him and Revenue failed to further enquire into the matter.

    Sreeleathers. Vs PRINCIPAL COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29728 (HC-CALCUTTA) · Section 68

  12. P&H High Court · 21 Jul 2022
    The time limit to pass the fresh assessment order expired on Mar 31, 2017, thus, fresh order could not be passed in view of the statutory bar.

    BMW India Private Limited Vs Deputy Commissioner of Income Tax ana another

    (2022) TaxCorp(LJ) 29727 (HC-P&H)

  13. Delhi High Court · 21 Jul 2022
    The Revenue wrongly concluded that the Assessee had not disclosed the sale of property and long term capital gain in the ITR which was, in fact, accepted by the Revenue at the time of original assessment.

    Seema Gupta Vs ITO

    (2022) TaxCorp(LJ) 29726 (HC-DELHI)

  14. Delhi High Court · 20 Jul 2022
    Merely because the sanction mentions that the Director verified the returns by appending his digital signature, does not extend the applicability of sanction to him.

    Vipul Aggarwal Vs INCOME TAX OFFICE

    (2022) TaxCorp(LJ) 29725 (HC-DELHI)

  15. ITAT Mumbai · 20 Jul 2022
    Right to be heard contained in Section 250(2)(a) is not a condition precedent for the disposal of appeal on merits in accordance with Section 250(6).

    Marvel Industries Limited Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29724 (ITAT-MUMBAI)

  16. ITAT Bangalore · 19 Jul 2022
    Assessee did not satisfy condition necessary for claiming deduction under Section 35AD.

    Mangalore Chemicals & Fertilizers Limited Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29723 (ITAT-BANGALORE) · Section 35AD

  17. ITAT Mumbai · 19 Jul 2022
    Inland Haulage Charges are inextricably linked to shipping business in international traffic, thus, not taxable as business profit in India.

    Avana Global FZCO. Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29722 (ITAT-MUMBAI)

  18. ITAT Bangalore · 18 Jul 2022
    Once the conditions laid down in Section 195 are fulfilled, Assessee is bound to deduct tax at source on the payment made to non-resident and Section 201 does not leave any room for exception in the cases of any contrary bonafide belief.

    Nitesh Estates Limited Vs ADIT (Intl. Taxn)

    (2022) TaxCorp(LJ) 29715 (ITAT-BANGALORE)

  19. ITAT Ahmedabad · 18 Jul 2022
    Revenue is not entitled to collect any excess tax other than what is authorized under the law. Therefore, revenue is directed to refund the excess DDT paid or adjust the same with Assessee’s advance tax.

    Adani Enterprises Ltd. Vs DCIT

    (2022) TaxCorp(LJ) 29714 (ITAT-AHMEDABAD)

  20. ITAT Mumbai · 16 Jul 2022
    Reassessment proceedings were bad in law since the jurisdictional condition is not satisfied in the present case.

    Navajbai Ratan Tata Trust Vs Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29707 (ITAT-MUMBAI)

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