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The income in question is treaty-protected inasmuch as it cannot be taxed in the hands of the assessee, in India, by virtue of Article 22(1) of the Indo Mauritius tax treaty.
Morgan Stanley Mauritius Co Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28628 (ITAT-MUMBAI)
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The two partners have disclosed the share of their sale consideration as LTCG without any cost and if very same sale consideration is taxed in the hands of assessee, would only result in double taxation.
Rajesh Pratap Ved Vs DCIT-13(3)(1)
(2022) TaxCorp(LJ) 28627 (ITAT-MUMBAI)
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An income may be appropriately charged to tax on the regularisation of the operations of the bank coupled with the possibility of receipt of income in foreseeable future.
TS-396-ITAT-2021PUN-Nutan_Warehousing_Co
(2022) TaxCorp(LJ) 28626 (ITAT-PUNE)
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Income from capital gain on a transaction which never materialized was, at best, hypothetical income.
Amit Murlidhar Kamthe Vs ITO
(2022) TaxCorp(LJ) 28625 (ITAT-PUNE)
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Assessee though acquired certain intangible assets while acquiring business, the assessee did not claim it as deduction.
Covestro India Private Limited Vs Asst. CIT CIR 1
(2022) TaxCorp(LJ) 28624 (ITAT-MUMBAI)
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Merely because while framing assessment for the subsequent year, the Assessing Officer noticed certain irregularity in the claim by itself would not be sufficient to satisfy requirements of the proviso to Section 147.
Gujarat Ambuja Exports Ltd Vs THE ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 28623 (HC-GUJARAT) · Sections 148, 80IA
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Revenue is directed to grant a personal hearing through video conferencing.
Blue Square Infrastructure Llp Vs NATIONAL FACELESS ASSESSMENT CENTRE
(2022) TaxCorp(LJ) 28622 (HC-DELHI)
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The CIT(A) recorded a finding based on evidence that money was transferred to HSBC Geneva out of the income earned in Abu Dhabi and savings made over the years since 1976 and thus appeal is dismissed.
Ganpat Singhvi Vs DCIT(IT)
(2022) TaxCorp(LJ) 28621 (ITAT-MUMBAI)
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Consideration for accessing database of the Assessee cannot be considered as royalty under Article 12 of the India-US DTAA.
OVID Technologies Inc. Vs The Dy. C.I.T.
(2022) TaxCorp(LJ) 28620 (ITAT-DELHI)
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The addition of Rs.10 lacs was unwarranted and revenue is directed to delete the same.
Sandeep Modi Vs Deputy Commissioner of Incometax
(2022) TaxCorp(LJ) 28619 (ITAT-KOLKATA) · Section 10(10D)
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Provision made by the assessee for bad and doubtful debts is only a provision, but not actual written off of bad debts which is irrecoverable.
Tamil Nadu Generation and Distribution Corporation Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28618 (ITAT-CHENNAI)
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Assessee could not be treated as assessee-in-default and thus, revenue is directed to delete the demand of tax and interest.
Nadiadwala Grandson Entertainment Pvt Ltd. Vs ITO (TDS)
(2022) TaxCorp(LJ) 28617 (ITAT-MUMBAI) · Sections 192, 194J
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Within eight weeks fresh order disposing objections shall passed after granting a hearing and all further proceedings will depend upon the final outcome of such order.
Kasturi Towers Private Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 28616 (HC-CALCUTTA)
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In view of the HC order quashing the CBI chargesheet and findings that there was no payment of bribery and that sum of Rs. 2 Cr found in the possession of the middleman was explained as proceeds of sale of agricultural land, there could be no addition of Rs.2 Cr as undisclosed income.
Gian Sagar Educational & Charitable Trust Vs DCIT
(2022) TaxCorp(LJ) 28609 (ITAT-DELHI)
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It was not the case of absolute non-appearance since the Assessee furnished the requisite details on learning about the assessment proceedings.
Triumph International Finance India Limited Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28602 (ITAT-MUMBAI) · Section 272A(1)(d)
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Taxability of sum in bank account in Dubai is beyond Revenue’s jurisdiction as the Assessee is an NRI.
Sandeep Dhirajlal Dhakan Vs ITO(IT)-2( 1)( 1)
(2022) TaxCorp(LJ) 28601 (ITAT-MUMBAI)
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Revenue can go ahead against the assessee in case if that is necessary, in accordance with law depending upon the order passed by ITAT.
Taqa Neyveli Power Company Private Limited Vs Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 28599 (HC-MADRAS)
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If the technical knowledge or skills could not be applied at a later stage by the utiliser of the service on its own then the services provided cannot be said to be made available to qualify as FTS.
Star Rays Vs The Income Tax Officer
(2022) TaxCorp(LJ) 28592 (ITAT-SURAT)
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The payment made to a person outside India for earning income from any source outside India would not require TDS under Section 195 since the income of recipient would be excluded from the deeming provisions of Section 9(1).
Tractors and Farm Equipment Ltd Vs DCIT
(2022) TaxCorp(LJ) 28591 (ITAT-CHENNAI)
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Listing of appeal before HC on Apr 18, 2022 for early disposal is being directed.
Motisons Entertainment India Pvt. Ltd Vs PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)
(2022) TaxCorp(LJ) 28590 (SC)
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