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The mandatory conditions specified in Section 148A have not been complied with before issuance of impugned notice and thus impugned notice is invalid and liable to be struck down.
Mohammed Mustafa Vs THE INCOME TAX OFFICER
(2022) TaxCorp(LJ) 28927 (HC-KARNATKATA)
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Gross income received by the Assessee during the year is not hypothetical income.
Mineral Foundation of Goa Vs Asstt. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28926 (ITAT-PATNA) · Section 11(1)(a)
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The cloud hosting services is not taxable as royalty or FTS under Article 12 of the India-US DTAA.
M/s. MOL Corporation Vs DCIT
(2022) TaxCorp(LJ) 28925 (ITAT-DELHI)
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The reopening to be unsustainable since there lies no adversarial position with the Assessee.
Abhinandan Exports Vs Income Tax Oficer
(2022) TaxCorp(LJ) 28924 (HC-BOMBAY)
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The Assessee was required to pay the demand within 30 days from the date of the service of the notice failing which he was asked to pay simple interest at 1.5% p.a. under Section 220(2).
Ravikumar Dhandhania Vs Income Tax Officer
(2022) TaxCorp(LJ) 28923 (HC-MADRAS)
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The percentage of freight expenses and diesel, petrol and oil expenses in cash in comparison to freight income is minuscule.
M/s.Bhushan Logistics Pvt. Ltd. Vs Income Tax Officer
(2022) TaxCorp(LJ) 28922 (ITAT-MUMBAI)
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Not all kinds of payments towards all kind of information can be construed as Royalty and to determine the exact nature of the payment, the type of information passed on, needs to be verified.
EduNxt Global SDN BHD Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28921 (ITAT-BANGALORE)
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If there is no business receipt during the year, assessee should wind up the infrastructure and start all over again when the business receipts start following.
Cineyug Vs DCIT
(2022) TaxCorp(LJ) 28920 (ITAT-MUMBAI)
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There is no question of any excessive or inordinate delay when the reason stated by the Assessee was a reasonable cause for not filing the appeals.
Suhas Suresh Shet Vs Income Tax Officer
(2022) TaxCorp(LJ) 28919 (ITAT-BANGALORE)
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Advance to contractor for execution of work for the purpose of business, if become irrecoverable is capital in nature.
Rudradev Aviation Pvt. Ltd Vs The ACIT
(2022) TaxCorp(LJ) 28918 (ITAT-CHENNAI)
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Where a partnership firm revalues its intangibles, eligible for depreciation prior to succession into a company, the company is entitled to depreciation on such assets at the revalued figures.
Sogefi MNR Filtration India Private Limited Vs DCIT
(2022) TaxCorp(LJ) 28917 (ITAT-BANGALORE)
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The onus to establish what were the agreed terms and conditions of services which were provided the term of execution of the project was on the Assessee, and that the Assessee failed to establish the same.
Wuhan Research Institute of Post and Telecommunication India Vs ADIT
(2022) TaxCorp(LJ) 28916 (ITAT-DELHI)
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Possession given to the develop cannot be regarded as delivery of possession in part performance of Agreement for Sale as contemplated under Section 53A of TPA.
Sri Sai Lakshmi Industries Pvt. Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28911 (ITAT-BANGALORE)
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Interest on loan/advances were brought to tax with reference to the value of transaction, therefore no prima facie reason arose to refer the loan transaction to TPO.
Bharat Fritz Werner Ltd Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 28910 (HC-KARNATKATA)
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Courts should attach considerable importance to the time frame provided under Sections 132A and 132B reof the Act when it comes to a question of retention of books of accounts or of seized assets and the time limit should not be considered as merely directory.
Ashish Jayantilal Sanghavi Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 28909 (HC-GUJARAT) · Section 132B
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Before the ITAT, both the Assessee and the Revenue preferred appeals and the entire penalty of Rs.29.02 lakh was an issue, thus, the subsequent reduction in penalty cannot oust the jurisdiction.
Late Shri Gyan Chand Jain through LR Vs Commissioner of Income Tax-I
(2022) TaxCorp(LJ) 28905 (SC)
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The profit derived from providing baggage screening services and aircraft handling services to other airlines as a participant of IATP pool would be covered under Article 8(1) read with Article 8(4) of India–USA DTAA.
United Airlines Vs DCIT, DDIT
(2022) TaxCorp(LJ) 28904 (ITAT-DELHI)
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Denial of tax benefit under Section 37 (1) cannot be construed as penalising the Assessee hospital and it only precludes it from claiming these nature of expense as a deductible expenditure.
Peerless Hospitex Hospital and Research Center Limited Vs Principal Commissioner of Income Tax-1, Kolkata & Ors.
(2022) TaxCorp(LJ) 28897 (HC-CALCUTTA)
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Penal statutes which create offences or which have effect of increasing penalties in existing offences will only be prospective by reason of the constitutional restriction imposed by Article 20 of the Constitution.
Nexus Feeds Limited & Others Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28896 (HC-AP)
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Revenue failed to appreciate the Articles of the Verein which were relevant to understand the composition and operation of Verein for the benefit of the Members.
Deloitte Touche Tohmastu Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28895 (ITAT-DELHI)
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