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Domestic law cannot be read into treaties unless the treaties are amended bilaterally, with due opportunity granted to the Assessee.
Belgacom International Carrier Services SA Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29127 (ITAT-BANGALORE)
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ITAT - Revision u/s 263 justified as the original assessment is completed without proper enquiries.
Charoen Pokphand Seeds India Pvt. Ltd Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 29126 (ITAT-BANGALORE)
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HC - Revenue was justified in disallowing the commission since the Assessee failed to demonstrate the special expertise of directors and their relatives in procuring IOF from markets in India - Merely because TDS had been deducted, would not justify allowing the entire amount as claimed towards commission.
Oripol Industries Ltd Vs Joint Commissioner of Income Tax
(2022) TaxCorp(LJ) 29125 (HC-ORISSA) · Section 37
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ITAT - Revision u/s 263 not justified as the issue was duly and satisfactorily examined by the AO during the assessment proceedings and the valuation of WIP found to be correct by him, required no addition to be made to Assessee’s income.
Rushabhdev Infra Project Pvt. Ltd. Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 29124 (ITAT-AHMEDABAD)
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ITAT - The theory of payment to creditor for obtaining shares of membership of the stock exchange is only an ipse dixit of the assessee, devoid of cogent corroborative material.
Mukul H Dalal Vs ITO-2(2)(3)
(2022) TaxCorp(LJ) 29123 (ITAT-MUMBAI)
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SC - Assessee entitled to IDS benefit since all defaulters under IDS were permitted to deposit the amount with 12% interest as per the CBDT Notification No. 103/2019 dt. Dec 13, 2019 which was duly deposited by the Assessee.
Sadhana R. Jain Vs THE CENTRAL BOARD OF DIRECT TAXES & ANR.
(2022) TaxCorp(LJ) 29116 (SC)
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ITAT - WhatsApp messages and other incriminating material (uncorroborated & inadmissible under Evidence Act) insufficient to sustain additions u/s 69C.
A. Johnkumar Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29115 (ITAT-CHENNAI)
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Consequently, a progressive as well as futuristic scheme of re-assessment whose intent is laudatory has in its implementation not only been rendered nugatory but has also had an unintended opposite result.
Divya Capital One Private Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29108 (HC-DELHI) · Section 148A(d)
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Interest earned from investments made in any bank, not being co-operative society, is not deductible under section 80P(2).
Katlary Kariyana Merchant Sahkari Sarafi Mandali Ltd Vs ACIT
(2022) TaxCorp(LJ) 29107 (HC-GUJARAT) · Section 148
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It is not at the whim or fancy of the Revenue to decide as to what constitutes ‘beneficial ownership’ and the Revenue must also examine this fundamental concept and give categorical findings as to how requirements of beneficial ownership are satisfied in the present case.
Blackstone FP Capital Partners Mauritius V Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29100 (ITAT-MUMBAI)
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There is no irregularity in the auction and the writ petition is meritless.
IGGI Resorts International Limited Vs The Tax Recovery Officer-I
(2022) TaxCorp(LJ) 29099 (HC-MADRAS)
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These aspects are factual aspects and are not readily available and the matter can be remitted to the AO for examination in this regard the aforesaid is a crucial aspect and has not been examined by the Revenue authorities below, hence we deem it proper to remit the file to the AO to examine the issue.
GSA Gestions Sportives Automobiles SA Vs DCIT
(2022) TaxCorp(LJ) 29092 (ITAT-DELHI)
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Depreciation is not an outgoing expenditure, and therefore, provisions of section 40(a)(i)/(ia) cannot be attracted, relies on co-ordinate bench ruling in Kawasaki Microelectronicsand deletes the disallowance.
Lemnisk Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29085 (ITAT-BANGALORE)
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In any of these petitions, if there exist any other issue other than of Section 148 of the Income Tax Act, 1961, the liberty is reserved in favour of the particular writ petitioner to file a fresh petition in accordance with law.
D G Patel Construction Pvt. Ltd. & Others Vs UNION OF INDIA
(2022) TaxCorp(LJ) 29084 (HC-GUJARAT)
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The AO should have merely determined the taxable income of each of the Transferor Companies as a separate head in the same assessment order and added only the tax liability of the assessee .
Cognizant Technology Solutions India Private Limited Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29083 (HC-MADRAS)
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The doctrine res-judicata has no application to the income-tax proceedings merely because the claim came to be in the earlier years, it is does not mean that the Assessing Officer should allow the same when he is conscious of the non-allowability of the claim in view of well settled position of law in this issue.
Ascendas IT Park (Pune) Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29076 (ITAT-PUNE)
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It cannot be said that the collection of amount towards placement or training, or its utilisation is in a manner which is not solely for educational purposes.
Orissa Trust of Technical Education and Training Vs The Chief Commissioner of Income Tax
(2022) TaxCorp(LJ) 29075 (HC-ORISSA) · Section 10(23C)
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Interest expenditure incurred on loans taken for investment in acquiring controlled interest in a Company which was in the same line of business as that of the Respondent would be allowable expenditure under section 36(1)(iii) of the Act.
Bitwise Solutions Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29074 (ITAT-PUNE)
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Assessee’s claim under Section 80-IA(4) was allowed by the Revenue in flagrant violation of Section 80(5) and the assessment order passed was contrary to the plain provisions of the Act.
Mahavir Civil Engineering Vs PCIT (Central)
(2022) TaxCorp(LJ) 29073 (ITAT-PUNE) · Sections 80-IA, 80(5)
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It is accepted principle of accounting that the loss has to be recorded as and when it is determined whereas the profit has to be recorded only when it is actually realised.
Ascent Hydro Projects Pvt. Ltd Vs Pr. CIT – 9
(2022) TaxCorp(LJ) 29072 (ITAT-MUMBAI)
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