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Landmark Rulings

Direct Tax landmark rulings

15,819 rulings

  1. Calcutta High Court · 30 Apr 2022
    There was no allegation or findings that any of the conditions under Section 12AA(3) were attracted and thus, the cancellation of registration was bad in law.

    Sanskriti Sagar Vs COMMISSIONER OF INCOME TAX (EXEMPTION)

    (2022) TaxCorp(LJ) 28972 (HC-CALCUTTA) · Section 12AA(3)

  2. ITAT Mumbai · 30 Apr 2022
    Interest paid on delayed payment of TDS under Section 201(1A) is allowable deduction.

    Resolve Salvage & Fire India Private Limited Vs DCIT 14(3)(1)

    (2022) TaxCorp(LJ) 28971 (ITAT-MUMBAI)

  3. ITAT Delhi · 30 Apr 2022
    Non compete fee though is an intangible asset, however, it is not similar to know how, patent, copy right, their trademark, licenses, franchises or any other business or commercial right of similar nature.

    Sagar Ratna Restaurants Pvt. Ltd. Vs ACIT

    (2022) TaxCorp(LJ) 28970 (ITAT-DELHI) · Section 32

  4. ITAT Chennai · 30 Apr 2022
    Where Assessee explained reasons for change in accounting, disclosed its effect in the profit or loss account, the additions made by the Revenue are not sustainable.

    Fuji Electric Consul Neowatt Pvt.Ltd. Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28969 (ITAT-CHENNAI)

  5. ITAT Ahmedabad · 30 Apr 2022
    Acquisition of assets as reflected in CWIP did not constitute extension of existing business and thus proviso to Section 36(1)(iii) was inapplicable.

    Havmor Ice Cream Limited Vs The Deputy Commissioner of Income-tax

    (2022) TaxCorp(LJ) 28968 (ITAT-AHMEDABAD)

  6. ITAT Delhi · 30 Apr 2022
    In that case, the Assessee was entitled to use the benefit flowing from the license even after termination of the license agreement.

    Nefab India Pvt. Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28967 (ITAT-DELHI)

  7. ITAT Delhi · 30 Apr 2022
    The subscription fee is not royalty but merely a consideration for online access of the cloud computing services for process and storage of data or run the applications.

    Microsoft Regional Sales Pte. Ltd Vs DCIT (International Taxation)

    (2022) TaxCorp(LJ) 28966 (ITAT-DELHI)

  8. ITAT Surat · 30 Apr 2022
    Entire transportation work was carried out by the Assessee by hiring of vehicles and that the provisions of Section 194C are not attracted in the instant case.

    Ajay Dahyabhai Patel Vs The ITO

    (2022) TaxCorp(LJ) 28965 (ITAT-SURAT) · Section 194C

  9. ITAT Delhi · 30 Apr 2022
    Amount demanded by NPPA cannot fall in the category of payment made for a purpose which is an offence or which is prohibited by law.

    T.C. Healthcare P. Ltd. Vs DCIT

    (2022) TaxCorp(LJ) 28964 (ITAT-DELHI) · Sections 37(1), 43B

  10. ITAT Bangalore · 29 Apr 2022
    If the disallowance is upheld, the same amount should not be disallowed when the provision is reversed on first day of the subsequent year, resulting in double disallowance.

    IRunway India Private Limited Vs DCIT

    (2022) TaxCorp(LJ) 28958 (ITAT-BANGALORE)

  11. ITAT Mumbai · 29 Apr 2022
    Impugned order was issued under Section 12A(1)(ac)(i) which provision merely deals with making an application for registration.

    Saifee Burhani Upliftment Trust Vs Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28957 (ITAT-MUMBAI)

  12. ITAT Delhi · 29 Apr 2022
    A person who is not a non-resident for relevant AY cannot be taxed through a representative assessee by invoking Section 163.

    Moin Akhtar Qureshi Vs The ACIT

    (2022) TaxCorp(LJ) 28956 (ITAT-DELHI)

  13. ITAT Ahmedabad · 29 Apr 2022
    The transaction qualifies as an adventure in the nature of trade, and hence Section 50C inapplicable.

    Kanubhai M. Patel Vs The ITO

    (2022) TaxCorp(LJ) 28955 (ITAT-AHMEDABAD)

  14. ITAT Mumbai · 28 Apr 2022
    In view of the material on record, Assessee categorically explained that it issued unsecured perpetual non-convertible debentures entitled for fixed interest @ 11.40% along with redemption after the 10th year, therefore revision order is hereby quashed.

    The Tata Power Co. Ltd Vs Principal Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28950 (ITAT-MUMBAI)

  15. ITAT Mumbai · 28 Apr 2022
    PF dues paid before the due date of filing of income tax return under Section 139(1) is a deductible expenditure despite exceeding the permissible time limit under the relevant statute under which payment is made.

    Kalpesh Synthetics Pvt Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28949 (ITAT-MUMBAI)

  16. ITAT Mumbai · 28 Apr 2022
    Foreign reinsurance company earning reinsurance premium from the Indian concerns is not liable for tax in India.

    Tata AIG General Insurance Company Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28948 (ITAT-MUMBAI) · Section 32

  17. Supreme Court · 27 Apr 2022
    Even if in a case where the registration application under Section 12AA is not decided within six months, there shall not be any deemed registration.

    Harshit Foundation Sehmalpur Jalalpur Jaunpur Vs COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28942 (SC) · Section 12AA

  18. ITAT Bangalore · 26 Apr 2022
    There is no TDS liability under Section 195 in the present case.

    Toyota Boshoku Automotive India Pvt. Ltd Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28935 (ITAT-BANGALORE) · Section 195

  19. Supreme Court · 26 Apr 2022
    Revenue is directed that any amounts collected pursuant to HC ruling shall be refunded in accordance with law within two months.

    M Pranuthi Vs COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28934 (SC)

  20. Gujarat High Court · 25 Apr 2022
    Power of the authority is hedged under Section 127(1) by two requirements that such order can be passed only after giving an assessee a reasonable opportunity of being heard and on recording reasons for doing so.

    Kamlesh Rajnikant Shah Vs PRINCIPAL COMMISSIONER OF INCOME TAX 3

    (2022) TaxCorp(LJ) 28928 (HC-GUJARAT)

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