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Landmark Rulings

Direct Tax landmark rulings

15,819 rulings

  1. Rajasthan High Court · 11 Apr 2022
    If any coercive steps are initiated after passing penalty order, it would be open for the Assessee to move appropriate applications before the authority in accordance with law.

    Krishna Das Agrawal Vs Income Tax Department, Office of The Joint Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28818 (HC-RAJASTHAN)

  2. ITAT Mumbai · 11 Apr 2022
    A particular capital receipt which is not taxable right from its inception would not enter the computation of income at all, whether it is computed under normal provisions of the Act or u/s.115JB of the Act.

    Gujarat Pipavav Port Limited Vs Income Tax Officer

    (2022) TaxCorp(LJ) 28817 (ITAT-MUMBAI)

  3. Delhi High Court · 09 Apr 2022
    Just because advertisement was published in Urdu language and that too in one newspaper, it cannot be presumed that it was targeted at the students belonging to a particular community only.

    HAMDARD NATIONAL FOUNDATION (INDIA) Vs COMMISSIONER OF INCOME TAX (EXEMPTIONS)

    (2022) TaxCorp(LJ) 28810 (HC-DELHI)

  4. Bombay High Court · 09 Apr 2022
    Jurisdictional Assessing Officer (JAO) is directed to consider the objections filed by Assessee and pass orders in accordance with law by strictly and diligently following the guidelines laid down by the Court within four weeks.

    Tata Capital Financial Services Limited Vs Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28809 (HC-BOMBAY)

  5. ITAT Delhi · 09 Apr 2022
    Since the Assessee is offering only 60% of surveillance fee as income, the claim of TDS should mandatorily be restricted to the extent of 60% income and the balance should be allowed in the subsequent assessment year.

    Credit Analysis and Research Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28808 (ITAT-DELHI)

  6. ITAT Delhi · 09 Apr 2022
    No technical consultancy or managerial service being provided by Google or Apple to the Assessee, and such payments were not chargeable to tax in India.

    Trulymadly Matchmakers Private Limited Vs Income-tax Officer

    (2022) TaxCorp(LJ) 28807 (ITAT-DELHI) · Section 195

  7. ITAT Kolkata · 09 Apr 2022
    In cases of wrong opinion for finding on merit, the revisionary authority has to come to the conclusion and himself decide that order is erroneous, by conducting necessary enquiry, if required and necessary before the order u/s 263 is passed.

    Britannia Industries Ltd Vs Principal CIT-1

    (2022) TaxCorp(LJ) 28806 (ITAT-KOLKATA) · Section 35(2AB)

  8. ITAT Kolkata · 09 Apr 2022
    Loss arising on account of valuation of asset arising from exchange rate variation is real loss and it is not a contingent loss.

    Orient Cement Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28805 (ITAT-KOLKATA)

  9. Bombay High Court · 09 Apr 2022
    This is a case where reassessment is sought to be made over change of opinion about the manner and computation of deduction under Section 80-IA, which is not permissible.

    Sun-n-Sand Hotels Private Limited Vs Additional/Joint/ Deputy Assistant Commissioner of Income Tax/Income Tax Officer, National Faceless Assessment Centre

    (2022) TaxCorp(LJ) 28804 (HC-BOMBAY) · Section 80-IA

  10. ITAT Delhi · 09 Apr 2022
    TDS being one of the modes of payment of taxes, claim for TDS credit can give rise to a claim for refund even in case where there is no assessable income in the corresponding year.

    Kema India Private Limited Vs ITO

    (2022) TaxCorp(LJ) 28803 (ITAT-DELHI)

  11. ITAT Allahabad · 09 Apr 2022
    For the eligibility under Section 80P, Assessee must be a co-operative society and a co-operative society can be registered either under the Co-operative Societies Act, 1912 or under any other State law.

    Sahkari Ganna Vikas Samiti Vs Income Tax Officer

    (2022) TaxCorp(LJ) 28802 (ITAT-ALLAHABAD) · Section 80P

  12. ITAT Mumbai · 09 Apr 2022
    Revenue could not controvert the observations of the CIT(A) with any new cogent material or information.

    Olivia Impex Pvt Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28801 (ITAT-MUMBAI) · Section 195

  13. ITAT Lucknow · 09 Apr 2022
    Allowing rebate to employees and reservation of some plots for employees does not amount to violation of Section 13 as employee do not fall under the list of persons under Section 13(3).

    Lucknow Development Authority Vs A.C.I.T. (Exemption)

    (2022) TaxCorp(LJ) 28800 (ITAT-LUCKNOW)

  14. Bombay High Court · 08 Apr 2022
    In any event, the time to issue notice may have been extended but that would not amount to amending the provisions of Section 151 of the Act.

    J M Financial and Investment Consultancy Services Private Limited Vs Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28793 (HC-BOMBAY) · Section 151

  15. Supreme Court · 07 Apr 2022
    HC's order as a non-speaking and non-reasoned order which cannot be sustained since even the Revenue's submissions was not recorded.

    Bajaj Herbals Pvt. Ltd Vs The Principal Commissioner of Income Tax-1

    (2022) TaxCorp(LJ) 28786 (SC)

  16. ITAT Mumbai · 07 Apr 2022
    When it is clear that the said Director has management control, the corporate veil has to be lifted and concurs with the application of Section 13(3).

    Media Research Users Council Vs Addl. DIT(E)– 1(1)

    (2022) TaxCorp(LJ) 28785 (ITAT-MUMBAI)

  17. ITAT Pune · 07 Apr 2022
    The activity of CD writing was done at the Parwanoo unit for transfer to the Pune unit has been recorded at more than its market value as against the mandate of Section 80IA(8).

    Biz Secure Labs Pvt. Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28784 (ITAT-PUNE) · Section 80-IC

  18. Gujarat High Court · 06 Apr 2022
    As per the provisions of Section 144(B), when the hearing has been envisioned and incorporated, it is imperative to observe the principles of natural justice as stipulated.

    Dr K R Shroff Foundation Vs ADDITIONAL/ JOINT/ DEPUTY/ ASSISTANT COMMISSIONER OF INCOME TAX/ INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 28778 (HC-GUJARAT)

  19. ITAT Bangalore · 06 Apr 2022
    Assessee did not identify any additional income and it was not a case of surrender of income in a blanket manner as presumed by the tax authorities.

    M.J. Mohan Vs ACIT

    (2022) TaxCorp(LJ) 28777 (ITAT-BANGALORE)

  20. Supreme Court · 05 Apr 2022
    In facts of this case, the conduct of MRPL right from the date of search and before all forums reflects that it consistently held itself out as the assessee.

    Mahagun Realtors (P) Ltd Vs PRINCIPAL COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28770 (SC)

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