Direct Tax landmark rulings

1. Delhi High Court · 19 Apr 2022
   Immunity from penalty and prosecution can be denied only in the cases initiated on account of alleged misreporting of income.

   Nirman Overseas Private Limited Vs NATIONAL FACELESS ASSESSMENT

   (2022) TaxCorp(LJ) 28894 (HC-DELHI)

2. ITAT Mumbai · 19 Apr 2022
   The provisions of section 56(2)(viib) or Rule 11UA are plain, clear and unambiguous and nowhere provide for rounding off to nearest rupee or multiple of ten or hundred.

   Royal Accord Realtors Pvt. Ltd. Vs DCIT

   (2022) TaxCorp(LJ) 28893 (ITAT-MUMBAI)

3. Madras High Court · 18 Apr 2022
   Assessee is at liberty to challenge the assessment orders by availing remedy as provided under law and dismissal of the writ petitions would not come in the way for seeking remedy in accordance with law.

   Malavika Enterprises Vs Central Board of Direct Taxes

   (2022) TaxCorp(LJ) 28886 (HC-MADRAS)

4. Delhi High Court · 14 May 2021
   Since it is decided that the appeal was pending, based on the test of preponderance of probability, the decision taken by the respondents/revenue to reject Forms 1 & 2, filed by the petitioner/assessee, under the 2020 Act, cannot be sustained.

   NALWA INVESTMENTS LIMITED Vs PR COMMISSIONER OF INCOME TAX DELHI 4 & ORS.

   (2022) TaxCorp(LJ) 28885 (HC-DELHI)

5. Madras High Court · 12 May 2021
   Sec. 26(7) is couched negatively for passing the order within one year from the end of the month of receipt of reference u/s 24(5) and thus, there is burden cast on the Adjudicating Authority to pass the order strictly within the period of limita

   Advance Infradevelopers Pvt. Ltd. Vs Deputy Commissioner of Income Tax

   (2022) TaxCorp(LJ) 28884 (HC-MADRAS) · Section 26(7)

6. ITAT Mumbai · 14 May 2021
   Sec 11(7), which restricts the availability of exemption u/s 10(34) to Charitable trusts, came into effect only from April 01, 2015, thus inapplicable to subject AY 2014-15.

   Shekhar Bajaj Charitable Trust Vs Income Tax Officer-17(3)(3)

   (2022) TaxCorp(LJ) 28883 (ITAT-MUMBAI) · Section 10(34)

7. Delhi High Court · 12 May 2021
   Revenue is directed to pass fresh assessment order after taking into account Assessee’s objections, and also grants a personal hearing.

   KBB Nuts Private Limited Vs NATIONAL FACELESS ASSESSMENT CENTRE DELHI

   (2022) TaxCorp(LJ) 28882 (HC-DELHI)

8. Delhi High Court · 11 May 2021
   ITAT’s dismissal order can be construed as passed in limine since it was based on preliminary assessment of facts, in the light of orders of preceding years with no discussion on merits of the case.

   Bharat Bhushan Jindal Vs PRINCIPAL COMMISSIONER OF INCOME TAX-12 & ANR.

   (2022) TaxCorp(LJ) 28881 (HC-DELHI)

9. ITAT Visakhapatnam · 17 May 2021
   AO is permitted to make addition of unexplained cash credits even though the income is estimated on sale.

   Hirapanna Jewellers Vs Asst.Commissioner of Income Tax

   (2022) TaxCorp(LJ) 28874 (ITAT-VISAKHAPATNAM) · Section 68

10. Calcutta High Court · 17 May 2021
    The decision of one High Court is not a binding precedent on another High Court.

    Deific Abode LLP Vs Union of India & Ors

    (2022) TaxCorp(LJ) 28873 (HC-CALCUTTA)

11. ITAT Chennai · 21 May 2021
    Once the windmills are installed before 31.03.2012, then rate of depreciation is applicable as per pre-amended. i.e. 80%.

    Senthil Energy Pvt.Ltd Vs Income Tax Officer

    (2022) TaxCorp(LJ) 28872 (ITAT-CHENNAI)

12. ITAT Mumbai · 14 May 2021
    Thrusting of percentage completion method upon by the Revenue is not sustainable.

    Trident Estate Private Ltd Vs ITO-13( 3)( 4)

    (2022) TaxCorp(LJ) 28871 (ITAT-MUMBAI) · Section 43CB

13. Madras High Court · 14 May 2021
    The ITSC could go beyond the scope of Sec. 245C and adjudicate additional income which is admittedly not disclosed in the application filed initially by the assessee.

    Sri Krishna Tiles and Potteries (Madras) Pvt Ltd Vs The Income Tax Settlement Commission

    (2022) TaxCorp(LJ) 28870 (HC-MADRAS) · Section 245C

14. ITAT Mumbai · 14 May 2021
    PCIT merely recorded 'yes, I am satisfied' and it cannot regarded as a valid satisfaction as it does not reflect due application of mind of the sanctioning authority before granting satisfaction.

    Bharti Axa Life Insurance Company Ltd Vs ACIT

    (2022) TaxCorp(LJ) 28869 (ITAT-MUMBAI) · Section 151

15. Delhi High Court · 14 May 2021
    The petitioner has, according to us, at least at this stage, established a prima facie case in his favour concerning infraction of the principles of natural justice by the revenue.

    PARVIN KUMAR BATTA Vs DEPUTY COMMISSIONER OF INCOME TAX CENTRAL

    (2022) TaxCorp(LJ) 28868 (HC-DELHI) · Section 132(4)

16. ITAT Mumbai · 14 May 2021
    Non-consideration of decisions would not make the order erroneous which would call for any interference in u/s 254(2).

    Gateway Terminals India Pvt Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28867 (ITAT-MUMBAI)

17. ITAT Mumbai · 14 Apr 2022
    Sec 11(7), which restricts the availability of exemption u/s 10 (34) to Charitable trusts, came into effect only from April 01, 2015 whereas the subject AY dealt with in this case is AY 2013-14.

    Shishir Bajaj Charitable Trust Vs Income Tax Officer-17(3)(3)

    (2022) TaxCorp(LJ) 28866 (ITAT-MUMBAI) · Sections 10(34), 11

18. ITAT Mumbai · 14 Apr 2022
    Since assessment order is completed after making due enquiries, revision proceedings cannot be initiated.

    Tata Realty and Infrastructure Limited Vs Principal Commissioner of Income tax-2

    (2022) TaxCorp(LJ) 28865 (ITAT-MUMBAI)

19. ITAT Bangalore · 16 Apr 2022
    Capital gains on sale of land and building can be computed separately.

    Muppala Bhasker Reddy Vs DCIT

    (2022) TaxCorp(LJ) 28864 (ITAT-BANGALORE)

20. ITAT Ahmedabad · 16 Apr 2022
    Law clearly provides for deduction u/s 80IA to be granted after set off of unabsorbed depreciation.

    Atul Ltd Vs The DCIT (OSD)

    (2022) TaxCorp(LJ) 28863 (ITAT-AHMEDABAD) · Section 80-IA

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