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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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NHSRC was not a specified person within the meaning of Section 46 and thus, the exemption under Section 96 would squarely be applicable and no tax was deductible from the compensation.
Seema Jagdish Patil Vs The Principle Commissioner of Income Tax-1
(2022) TaxCorp(LJ) 29332 (HC-BOMBAY)
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Sum received from Indian counterpart for distributing products on principal-to-principal basis was not ‘Royalty’ under Article 12 of the India-USA DTAA.
Factiva Ltd Vs DCIT
(2022) TaxCorp(LJ) 29331 (ITAT-MUMBAI)
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Professional services would not fall under the category of 'Fee for technical services' within the meaning of section 9(1)(vii).
Honeywell Technolgoy Solutions Pvt. Ltd. Vs Jt. CIT
(2022) TaxCorp(LJ) 29324 (ITAT-BANGALORE)
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Taxpayers are important pillars of the country and their harassment not only jolts the economy but adversely impacts the policy of 'Ease of Doing Business'.
Harish Chandra Bhati Vs Principal Commissioner Of Income Tax Noida And 2 Others
(2022) TaxCorp(LJ) 29323 (HC-ALLAHABAD)
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Provisions of Section 271C are subject to Section 273B which provides that no penalty would be leviable if Assessee is able to prove reasonable cause for failure to deduct tax at source.
Manish Jaiswal Vs Addl.CIT
(2022) TaxCorp(LJ) 29322 (ITAT-VARANASI) · Section 271C
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Income of the trust shall be assessed at maximum marginal rate of tax.
Sinhagad Technical Education Society Vs DCIT
(2022) TaxCorp(LJ) 29321 (ITAT-PUNE)
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The provisions of Sec. 2(47)(v) can be applied only if there is a written contract (not oral) coupled with the transfer of possession in terms of s.53A of the Transfer of Property Act.
Jaya Prakash Vs ITO
(2022) TaxCorp(LJ) 29314 (ITAT-BANGALORE)
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Setting up of business means the concerned assessee is ready to commence business and not that it has actually commenced its business and commencement refers to a point in time when the assessee actually conducts its business.
Maruti Insurance Broking Pvt Ltd Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29313 (HC-DELHI)
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Where a new claim is made because of a change in accounting policy, albeit in a fresh return, and given up because the law, as declared, did not permit such a claim, in such circumstances, initiation of penalty proceedings against the assessee, in our view, is not mandated in law.
Taneja Developers And Infrastructuere Ltd Vs THE PR. COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29312 (HC-DELHI) · Section 271(1)(c)
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While interpreting international treaties the rules of interpretation that apply to domestic or municipal law need not be applied, for the reason, that international treaties are negotiated by diplomats and not necessarily by men instructed in the law.
Concentrix Services Netherlands B.V. and Optum Global Solutions International BV Vs INCOME TAX OFFICER (TDS) AND ANR.
(2022) TaxCorp(LJ) 29311 (HC-DELHI)
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The order passed by the ITSC u/s 245D(4) even de hors the filing of return u/s 139 is an order passed under other proceeding under this Act for the purposes of section 240 and the amount of TDS is a component of the amount of taxes already paid in terms of section 199.
North American Coal Corporation India Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29310 (ITAT-PUNE)
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In view the fact that material on the basis of which order has been passed was not furnished to the appellant at any point, the order passed by Tribunal is certainly violative of principles of natural justice and fair play.
Google India Private Ltd Vs THE COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29309 (HC-KARNATKATA)
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The acknowledgement email sent on January 22, 2021 stated for issue of intimation u/s 143(1) and not u/s 245 and thus, no intimation was sent to the Assessee u/s 245 as required by law.
Tata Communications Ltd Vs Union of India
(2022) TaxCorp(LJ) 29308 (HC-BOMBAY) · Section 245
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