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A loan accepted as correct in principle, could not be treated as amount received since there is a pre-condition of its return to be made to the creditor party.
Hajeebu Venkata Seeta Vs The Income Tax Officer
(2022) TaxCorp(LJ) 28270 (ITAT-HYDERABAD) · Section 56(2)(vi)
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If the PCIT was of the opinion that the Revenue had not made requisite enquiries, then he should made the requisite enquiries and brought on record as to where the AO was wrong.
Concern India Foundation Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28269 (ITAT-MUMBAI)
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When on consideration of material on record, one view is conclusively taken by the Revenue, it would not be open to it to reopen the assessment based on the very same material to take another view.
Lintas India Private Limited Vs Union of India and Anr
(2022) TaxCorp(LJ) 28268 (HC-BOMBAY) · Section 148
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When all the documents and explanations from the Assessee have been scrutinized and examined by the AO, the assessment cannot be said to be erroneous and prejudicial to the interests of the Revenue.
Shergil Harjit Vs Pr. CIT-1
(2022) TaxCorp(LJ) 28267 (ITAT-PUNE)
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Denial of deduction u/s 80P for sole reason of its being situated in Mumbai is not legally sustainable.
Walkeshwar Chandanbala Co Operative Housing Society Ltd Vs CPC, Ward -19( 3)( 1)
(2022) TaxCorp(LJ) 28266 (ITAT-MUMBAI)
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Once addition was made under one provision, it cannot be made under another provision.
Autozilla Solutions Pvt. Ltd Vs Income-tax Officer
(2022) TaxCorp(LJ) 28265 (ITAT-HYDERABAD) · Section 56(2)(viib)
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For the purpose of calculation of capital gains u/s 48 the fair market value of the assessee on the date of such conversion or treatment shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset.
M/S. KYORI INFRASTRUCTURE PVT LTD. VERSUS DCIT, CIRCLE-2 (1) , HYDERABAD
(2022) TaxCorp(LJ) 28264 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95285&Category=ITAT&CategoryType=Zip
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Once the Assessing Officer has taken a view based on the explanation as well as evidence filed by the assessee, it cannot be the case of lack of enquiry. At the best, it is inadequate enquiry and, therefore, in such a situation the assessment order cannot be cancelled or set aside.
SHRI VARUN KHANDELWAL VERSUS PR. CIT, DELHI : 24, NEW DELHI.
(2022) TaxCorp(LJ) 28263 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95287&Category=ITAT&CategoryType=Zip
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Principles of natural justice demands that the assessee should be given an opportunity to rebut the statement of third party which is the basis for addition and an opportunity to cross-examine the same person, if demanded.
M/S. PRIYA DIAMONDS PVT. LTD. VERSUS THE ACIT, CENTRAL CIRCLE – 25, JHANDEWALAN, NEW DELHI.
(2022) TaxCorp(LJ) 28262 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95288&Category=ITAT&CategoryType=Zip
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Operational loss computed by the assessee coming under the purview of principle of mutuality cannot enter the computation of total income as envisaged u/s.2(45) of the Act.
SECUNDERABAD CLUB, HYDERABAD VERSUS INCOME TAX OFFICER, WARD-10 (2) , HYDERABAD
(2022) TaxCorp(LJ) 28261 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95290&Category=ITAT&CategoryType=Zip
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In the interest of justice we deem it just and appropriate to set aside the impugned order and remit the matter back to respondent No.1 for reconsideration afresh after providing an opportunity in favour of the petitioner to provide/furnish the relevant information.
ARPITHA AGENCIES VERSUS ASSESSING OFFICER, INCOME TAX OFFICER, NATIONAL E ASSESSMENT CENTRE, JURISDICTIONAL ASSESSING OFFICER, PRINCIPAL COMMISSIONER OF INCOME TAX-6
(2022) TaxCorp(LJ) 28260 (HC-KARNATKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=86440&Category=Judgment&CategoryType=Zip
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The true evaluation of the law in its bearing on the assessment must be made directly and solely by the Income Tax Officer.
GLAXOSMITHKLINE PHARMACEUTICALS LTD. VERSUS ASST. /DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 77 (1) (1) , MUMBAI, PRINCIPAL COMMISSIONER OF INCOME TAX RANGE-7, MUMBAI, THE UNION OF INDIA
(2022) TaxCorp(LJ) 28259 (HC-BOMBAY) · https://taxcorp.in/FileOpenDT.aspx?ID=86441&Category=Judgment&CategoryType=Zip
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The details imperative to be disclosed to the auditor and consequently in Form 3CEB were fairly disclosed by the assessee and it was not Revenue's case that the particulars disclosed were inaccurate or defective.
Ruchi J. Oil Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 28258 (ITAT-INDORE) · Section 271AA
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A notice which had become time barred prior to 01.04.2021 as per the then prevailing provisions, would not be revived by virtue of the application of Section 149(1)(b) effective from 01.04.2021.
Sudesh Taneja Vs Income Tax Officer
(2022) TaxCorp(LJ) 28257 (HC-RAJASTHAN)
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It is not open to the Assessing Officer to try to evade from the binding effect of a Supreme Court decision by trying to find out distinguishing features.
Mylan Laboratories Limited Vs The Additional/Joint/Deputy/Assistant Commissioner of Income Tax/income-Tax Officer National Faceless Assessment Centre, Income Tax Department
(2022) TaxCorp(LJ) 28256 (HC-AP)
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The reasons based on which the CIT(A) concluded that the set up was an expansion of the old unit and not a new unit were not compliant with the tests formulated in the aforesaid rulings and applied in the instant case.
Sociedade De Fomento Industrial Pvt. Ltd Vs THE COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 28255 (SC) · Section 10B
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Amendment u/s 11(7) preventing a trust from claiming exemption u/s 10(34) is applicable w.e.f. AY 2015-16 and cannot be made applicable to earlier years.
Navajbhai Ratan Tata Trust Vs Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28254 (ITAT-MUMBAI)
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Reassessment order passed by the JCIT, Range-17, Mumbai is void-ab-initio and liable to be quashed, because the A.O who had passed the assessment order does not possesses valid authority and jurisdiction to pass such order in absence of separate order u/s 120(4)(b).
The Indian Hotels Company Ltd Vs The Additional Commissioner of Income Tax / Dy. Commissioner of Income Tax (OSD)
(2022) TaxCorp(LJ) 28253 (ITAT-MUMBAI)
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Ideally AO should have adjusted the outstanding demand against refunds payable.
Genpact India Private Limited Vs PRINCIPAL COMMISSIONER OF INCOME TAX-4 & ORS.
(2022) TaxCorp(LJ) 28252 (HC-DELHI)
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Directions of the PCIT beyond the scope of scrutiny not legally valid.
Manoj Singhal Vs Pr. CIT
(2022) TaxCorp(LJ) 28251 (ITAT-DELHI) · Section 263
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