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Section 10(23C)(v) does not prescribe any stipulation, which makes the registration under Section 12AA as a condition precedent for availing the exemption.
The Nanded Sikhgurudwara Sachkhand Hazur Apchalnagar Sahib Vs ACIT
(2022) TaxCorp(LJ) 29364 (ITAT-PUNE) · Section 10(23C)(v)
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The application for rectification of the order passed by ITAT amounts to review of its own order passed by the ITAT, which is not permissible.
Sahara India Life Insurance Co. Ltd Vs The ACIT
(2022) TaxCorp(LJ) 29357 (ITAT-DELHI)
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TDS is not payable on payments made to agencies like HUDA on behalf of the State Government in light of clarification provided by Directorate of Town and Country Planning, Haryana and thus, penalty under Section 271C was deleted.
Satya Developers Pvt. Ltd Vs Joint Commissioner of Income Tax
(2022) TaxCorp(LJ) 29356 (ITAT-DELHI) · Section 271C
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Issue on which rectification application is preferred by the Assessee is a debatable issue which could not be considered.
Periyasamy Pillai Educational Trust Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29355 (ITAT-CHENNAI) · Section 154
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There should be no impediment to the appellate Tribunal to consider the petitioners’ grounds even as regards the Rate.
Palmer Investment Group Limited Vs THE DEPUTY COMMISIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29354 (HC-KARNATKATA)
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Simply because the subsidy has been disbursed in the form of refund of VAT and CST, it will not alter the purpose of granting the subsidy, which is nothing but establishment of new industrial units in less developed areas of the State.
Haldex India Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29353 (ITAT-PUNE)
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The bandwidth charges reimbursed by the Assessee is not in the nature of royalty and thus not liable for deduction of tax at source.
Cerner Healthcare Solutions India Private Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29352 (ITAT-BANGALORE)
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IGST was a balance sheet item and not a claim made in the profit and loss account, which by no stretch of imagination could be termed as ‘income chargeable to tax having escaped assessment’ and thus, the notice issued under Section 148 was patently illegal.
Schneider Electric India Pvt. Ltd Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29351 (HC-DELHI)
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The CIT(A) explained that if such transactions were to be treated as transfer by notionally assigning a value, then the benefit of indexation and Section 54 to be given to the Assessee and thus CIT(A)’s order is upheld.
Sanika Avadhoot Vs Income Tax Officer
(2022) TaxCorp(LJ) 29350 (ITAT-MUMBAI)
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Assessee, registered as primary agricultural credit society, was entitled for the benefit of deduction under Section 80P(2).
Irula Snake Catchers Industrial Co-operative Society Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 29349 (ITAT-CHENNAI)
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Danish Tax Council: As per Article 5(4) of tax treaty between the countries, the work performed by assessee’s employee could be categorised as 'marketing', covered under sub-clause (e) of the Art.5(4) which provides for exception for PE constitution, if the same is of preparatory or auxiliary in nature.
XYZ Co. Vs Foreign Court Denmark
(2022) TaxCorp(LJ) 29342 (HC-Forein)
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Though catena of judgments have been cited by the ld. counsel and how they are applicable on the facts of the case, the same are not being discussed because the case is being decided on the facts and material brought on record and the findings of the ld. CIT(A).
Arizona Ventures Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 29341 (ITAT-DELHI) · Section 68
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Sitting fees is the part and parcel of remuneration of the Director and hence has an element of salary for which taxes should be deducted.
HLS Asia Ltd Vs DCIT
(2022) TaxCorp(LJ) 29340 (ITAT-DELHI) · Section 194J
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Even if the notice contains no caveat that the inapplicable portion be deleted, it is in the interest of fairness and justice that the notice must be precise.
Mohd. Farhan A. Shaikh Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29339 (HC-BOMBAY) · Section 271(1)(c)
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For the purpose of determination of ‘market price’ of power u/s 80IA(4) r.w.s. 80IA(8), where multiple options of price of a product are available, then the price which is more favourable to the assessee needs to be adopted.
Hero Motocorp Ltd Vs Addl. CIT
(2022) TaxCorp(LJ) 29338 (ITAT-DELHI)
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Revenue failed to establish any concrete evidence to prove that the six conditions laid down by SC in Woodward Governor India P. Ltd. has not been fulfilled by the assessee in order to be eligible to claim foreign exchange fluctuation loss as business loss u/s 37(1).
HCL Comnet Systems & Services Ltd. Vs PR. COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29337 (HC-DELHI)
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Merely because the copy of the registration certificate u/s.12A was not filed before the ld. CIT(A) that cannot be reason for rejecting the claim of the assessee u/s. 11.
Mohanlal Hargovinddas Public Charitable Trust Vs DCIT
(2022) TaxCorp(LJ) 29336 (ITAT-JABALPUR) · Section 11
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Whenever a person takes loan it depends upon time and circumstances on which interest rate can be determined.
Laxmi Sagar Trade Link Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29335 (ITAT-AHMEDABAD) · Section 40A(2)
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When a person has been absolved by SEBI and Revenue has not placed any material to prove involvement of assesse, there remains no justification to hold amount as unexplained credit u/s 68.
Mukesh Mittal Vs Income tax Officer
(2022) TaxCorp(LJ) 29334 (ITAT-DELHI) · Section 68
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No technical service element was involved in the process of surrogacy and thus Sec.194J was not attracted.
Kiran Infertility Central Private Limited Vs Income Tax Officer
(2022) TaxCorp(LJ) 29333 (ITAT-HYDERABAD) · Sections 40(a)(ia), 194C
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