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What is relevant is not the method of accounting followed by the Assessee but evaluating the actual business of the Assessee and the actual receipts in the business.
Sudhir Mahamunkar Vs Income Tax Officer
(2022) TaxCorp(LJ) 29651 (ITAT-MUMBAI)
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The dividend in question was subjected to DDT and constitutes Assessee’s income even though received by a merchant banker on behalf of the shareholders including the Assessee, under a scheme approved by the High Court.
JP Morgan Funds Vs Deputy Commissioner of Income Tax (IT)
(2022) TaxCorp(LJ) 29650 (ITAT-MUMBAI)
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Having taken a specific stand before the ITAT that the Contracts is a composite one, the Revenue cannot be permitted to take a contradictory stand before this Court.
Bangalore Metro Rail Corporation Limited Vs THE COMMISSIONER OF INCOME-TAX
(2022) TaxCorp(LJ) 29649 (HC-KARNATKATA) · Section 194J
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Compensation paid by Assessee to obtain a vacant and peaceful of the hotel property pursuant to litigation over damage to the property, is payment made to facilitate trading operations, thus not a capital expenditure.
ELEL Hotels And Investments Ltd Vs PCIT
(2022) TaxCorp(LJ) 29648 (HC-DELHI)
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In absence of an express provision, the right of the resident country to tax its residents cannot be taken away under the DTAA.
Natasha Chopra Vs DCIT
(2022) TaxCorp(LJ) 29647 (ITAT-DELHI)
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There is enough material to proceed against the Assessee for non-filing of return which is punishable under Section 276CC and for furnishing the return belatedly with suppressed income, which is punishable under Section 276C(1).
Anjuga Selvi Alagiri Vs The Deputy Director of Income Tax
(2022) TaxCorp(LJ) 29646 (HC-MADRAS)
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Incidental activity of parking surplus funds with any institution earning interest is an integral part of the export business activity and such incidental income cannot be delinked from profit and gains derived by the undertaking.
Cognizant Technology Solutions India Private Limited Vs Income Tax Ward-16(3)
(2022) TaxCorp(LJ) 29645 (ITAT-DELHI) · Section 10AA
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Even though prima facie the penalty under Section 271D and 271E is attracted, the same cannot be charged since the Assessee has proved that that there is reasonable cause for passing the journal entries.
Macrotech Developers Limited Vs DCIT
(2022) TaxCorp(LJ) 29644 (ITAT-MUMBAI) · Sections 269SS, 269T
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Receipt on sale of carbon credit shall be a capital receipt and not a business receipt or income.
Essel Mining & Industries Limited Vs Dy. CIT
(2022) TaxCorp(LJ) 29643 (ITAT-MUMBAI)
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In terms of Section 176, no proceedings could be initiated against the Assessee including the proceedings before the ITAT since IBC has overriding effect over all the laws including the Income-tax Act.
Mahavir Roads & Infrastructure Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29642 (ITAT-MUMBAI)
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The method adopted by Assessee is just and proper in accordance with Rule 115.
Anurag Chandra Vs National Faceless Appeal Centre
(2022) TaxCorp(LJ) 29641 (ITAT-MUMBAI)
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When an expenditure is incurred for which payment is not made in cash or monetary terms, Section 40A(3) would have no application.
Bhartiya Hotels Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29640 (HC-CALCUTTA) · Section 40A(3)
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If the expenditure has not been incurred for the purpose of earning of taxable income, that cannot be allowed irrespective of the fact that any exempt income has been earned or not by incurring such expenditure.
Williamson Financial Services Ltd Vs ACIT
(2022) TaxCorp(LJ) 29639 (ITAT-GAUHATI) · Section 14A
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Appeals filed by the Revenue is covered under CBDT Circular No. 3/2018 without any exception as provided under clause 10(a) of the said circular and thus, appeals filed by the Revenue in all these cases are not maintainable.
Madurai District Central Cooperative Bank Ltd Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29638 (ITAT-CHENNAI)
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The Revenue has power to assess not only the undisclosed income, which was found during the search operation but also with regard to the material that was available at the time of the original assessment.
Shri Mehndipur Balaji Vs Pr Commissioner Of Income Tax
(2022) TaxCorp(LJ) 29631 (HC-ALLAHABAD)
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Provisions of section 56(2)(viib) apply to conversion of completely convertible debentures into equity shares.
Milk Mantra Dairy Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29630 (ITAT-KOLKATA) · Section 56(2)(viib)
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The bottles and crates used for bottling the soft drinks manufactured by the assessee fall within the definition of Plant contained in section 43(3).
Parle Bisleri Private Limited Vs The Deputy Commissioner of Income-Tax
(2022) TaxCorp(LJ) 29625 (HC-BOMBAY)
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CIT(A) order granting the benefit of set-off of brought forward business losses to assessee is perfunctory and without looking into the objects behind the enactment of provisions of section 72A which renders the order illegal and unreasonable.
Cummins Sales & Services (I) Ltd. (Formerly known as Cummins Diesels Sales & Services Ltd.) Vs DCIT
(2022) TaxCorp(LJ) 29624 (ITAT-PUNE)
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A mistake apparent from record shall be an obvious and patent one and not which needs a long-drawn process of reasoning with conceivably two opinions and an order on a debatable point of law is not a mistake apparent from the record.
Intelenet Global Services Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29621 (ITAT-MUMBAI)
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Prize winnings from lotteries would get taxed u/s 2(24)(ix) r/w Sec. 56(2)(ib) in the hands of a consumer who is just holding the lottery ticket and participates in the draw and not on the dealer of lottery tickets.
Pooja Marketing Vs Pr. CIT-31
(2022) TaxCorp(LJ) 29620 (ITAT-MUMBAI) · Sections 71, 115BB
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