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Landmark Rulings

Direct Tax landmark rulings

15,819 rulings

  1. Madras High Court · 06 Jun 2022
    Lower disallowance under Section 14A would not amount to misreporting.

    Prem Brothers Infrastructure LLP Vs NATIONAL FACELESS ASSESSMENT CENTRE & ANR

    (2022) TaxCorp(LJ) 29277 (HC-MADRAS) · Section 14A

  2. Madras High Court · 06 Jun 2022
    Section 278(e) empowered the Court to presume culpable mental state of the accused, unless, the accused shows that he had no such mental state with respect to the act charged as an offence in the prosecution.

    S.J.Surya Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29276 (HC-MADRAS)

  3. ITAT Pune · 03 Jun 2022
    In absence of a provision to rectify an order passed under Section 254(2), the only remedy available to the Revenue under law is to prefer an appeal before HC.

    Vodafone Cellular Limited Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29268 (ITAT-PUNE) · Section 254(2)

  4. ITAT Pune · 04 Jun 2022
    Assessee did not file any evidence to substantiate his claim that impugned land was converted as stock-in-trade before entering into the JDA, and thus, section 45(2) is inapplicable.

    Babusha Haribhau Gade Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29267 (ITAT-PUNE) · Section 45(2)

  5. Bombay High Court · 04 Jun 2022
    The reason to believe must be of the Revenue, and neither the Court nor the Advocate can supplement it or improve upon it.

    Anil Gulabdas Shah Vs The Asistant Commisioner of Income Tax

    (2022) TaxCorp(LJ) 29266 (HC-BOMBAY) · Section 148

  6. ITAT Pune · 04 Jun 2022
    Where the Assessee cannot be treated as assessee-in- default, the question of holding the Assessee liable to pay interest did not arise, as there was no liability to collect tax at source.

    Bashco Engineering Pvt. Ltd Vs ITO (TDS)

    (2022) TaxCorp(LJ) 29265 (ITAT-PUNE)

  7. ITAT Bangalore · 04 Jun 2022
    Revenue is not justified in rejecting the valuation report merely on the ground that the projected results did not match the actual results.

    TE Connectivity Services India Private Ltd Vs The Assessing Officer, National Faceless Assessment Centre

    (2022) TaxCorp(LJ) 29264 (ITAT-BANGALORE)

  8. ITAT Ahmedabad · 04 Jun 2022
    The loss is incurred during the course of conducting business and thus, the same is eligible to be allowed as business loss under Section 28.

    Rajkamal Builders Infrastructure P. Ltd Vs DCIT

    (2022) TaxCorp(LJ) 29263 (ITAT-AHMEDABAD) · Section 80-IA

  9. ITAT Mumbai · 04 Jun 2022
    Merely providing commercial information through a benchmarking study does not in any manner makes available any technical knowledge, experience, skill, know how or processes, nor consist of the development and transfer of a technical plan or technical design.

    Reliance Industries Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29262 (ITAT-MUMBAI)

  10. ITAT Hyderabad · 04 Jun 2022
    In the absence of any proof as to the waiver of interest by the bankers, addition on that score basing on assumptions cannot be maintained.

    Hyderabad Educational Institutions Pvt. Ltd Vs Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29261 (ITAT-HYDERABAD)

  11. ITAT Mumbai · 04 Jun 2022
    In view that the case was selected for scrutiny for large share application money, the AO was duty bound to carry out necessary verification in terms of proviso to Section 68.

    Aneeka Universal P. Ltd Vs Principal Commissioner of Income Tax-9

    (2022) TaxCorp(LJ) 29260 (ITAT-MUMBAI)

  12. Madras High Court · 04 Jun 2022
    Invocation of Section 263 by the CIT cannot be said to be without jurisdiction merely because the intimation of DIN in the order passed under Section 263 was one day after the order was passed.

    Texmo Precision Castings Uk Ltd. Vs The Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29259 (HC-MADRAS)

  13. ITAT Kolkata · 29 Apr 2021
    PCIT ventured to exercise his revisional jurisdiction by issuing SCN without satisfying the essential condition precedent to invoke jurisdiction u/s 263 of the act.

    Spotlight Vanijya Ltd. Vs PCIT-2

    (2022) TaxCorp(LJ) 29258 (ITAT-KOLKATA) · Section 263

  14. ITAT Mumbai · 30 Apr 2021
    Tinkering with the book profit as per profit and loss account is permitted otherwise than mandated by the provisions of the Act as contained in section 115JB.

    Tolani Shipping Co. Ltd Vs DCIT-5( 3)( 2)

    (2022) TaxCorp(LJ) 29257 (ITAT-MUMBAI) · Section 33AC

  15. Supreme Court · 29 Apr 2021
    It is only the business income which has to be taken into account for the purpose of setting-off the deductions u/s 80-IA and 80-IB.

    Reliance Energy Ltd. Vs Commissioner of Income Tax-I

    (2022) TaxCorp(LJ) 29256 (SC) · Section 80IA

  16. ITAT Chandigarh · 30 Apr 2021
    The provision of section 11(1) which has been relied upon by the CIT(E) is only for the purpose of determining the income which qualifies for exemption u/s 11.

    Sarbat The Bhala Gurmat Mission Charitable Trust Vs The CIT

    (2022) TaxCorp(LJ) 29255 (ITAT-CHANDIGARH) · Section 12AA

  17. Madras High Court · 28 Apr 2021
    Assessee failed to prove any reasonable cause in failure to file the return of income within the specified date, even though there was taxable income.

    Dharampal R.Pandia Vs The Deputy Commissioner of Income - Tax

    (2022) TaxCorp(LJ) 29254 (HC-MADRAS) · Section 271(1)(c)

  18. Bombay High Court · 28 Apr 2021
    Assessment linked to third party's search and investigation, is not classifiable as a search case under VsV Act as prescribed by CBDT Circular no. 4/2021 dt. Mar 23, 2021 r.w.Circular 21/2020 dt. Dec 4, 2020.

    Bhupendra Harilal Mehta Vs Principal Commisioner of Income Tax

    (2022) TaxCorp(LJ) 29253 (HC-BOMBAY)

  19. Bombay High Court · 28 Apr 2021
    It would be incongruous to consider that uploading referred to in Clause 10 would mean all refunds arising are liable to be adjusted against the tax demands irrespective of orders thereon or subsisting instructions.

    Vrinda Sharad Bal Vs The Income Tax Oficer

    (2022) TaxCorp(LJ) 29252 (HC-BOMBAY)

  20. ITAT Delhi · 27 Apr 2021
    There is no evidence that money lying in the bank account represent undisclosed income in terms of Sec. 5(1).

    Sh. Karamjit S. Jaiswal Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29251 (ITAT-DELHI)

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