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Landmark Rulings

Direct Tax landmark rulings

15,829 rulings

  1. ITAT Delhi · 24 Feb 2021
    It was not a case where the assessee was acquiring for the first time something which it did not otherwise own or possess. It was, thus, a change in the method of earning profits from the hotel and not a transfer of any asset. We find merit in the argument of the ld. Counsel that the agreement was terminated on business considerations and as a matter of commercial expediency.

    ELEL Hotels & Investment Ltd Vs ACIT

    (2021) TaxCorp(LJ) 26247 (ITAT-DELHI)

  2. ITAT Bangalore · 24 Feb 2021
    Word assessee must be given a wide and liberal interpretation so as to include his legal heirs also.

    Krishnappa Jayaramaiah Vs Income Tax Officer

    (2021) TaxCorp(LJ) 26246 (ITAT-BANGALORE) · Section 54

  3. Gujarat High Court · 24 Feb 2021
    It is clear that after making a declaration under the IDS, the petitioner is duty bound to effect timely payment of liability under IDS and therefore, the impugned order is legal and valid.

    Yogesh Roshanlal Gupta Vs CENTRAL BOARD OF DIRECT TEXES

    (2021) TaxCorp(LJ) 26245 (HC-GUJARAT)

  4. ITAT Mumbai · 23 Feb 2021
    For appeal filed in accordance with the form, not signed by persons under Rule 45, an opportunity should be provided correct the error, rather than dismissing the appeal.

    Businessmatch Services (India) Private Limited Vs Deputy Commissioner of Income-tax

    (2021) TaxCorp(LJ) 26238 (ITAT-MUMBAI)

  5. Delhi High Court · 23 Feb 2021
    Normally unless contrary is established, title always follows possession and the onus of proving that the assessee is not owner is on the assessee.

    Jatinder Pal Singh Vs DY CIT CENTRAL CIRCLE 9 NEW DELHI

    (2021) TaxCorp(LJ) 26237 (HC-DELHI) · Section 69A

  6. Delhi High Court · 23 Feb 2021
    Once the matter concerns territoriality, the place of residence cannot be said to be not relevant. The petitioner, to that extent has indulged in suppression of material facts and for this reason alone is not entitled to any equitable relief from this Court.

    Dev Wines Sales Corporation Vs PRINCIPAL COMMISSIONER OF INCOME TAX-10

    (2021) TaxCorp(LJ) 26236 (HC-DELHI) · Section 127

  7. Aar High Court · 23 Feb 2021
    Notices issued prior to filing of application cannot be a bar in terms of proviso (i) to sec.245R(2) of the Act, for admitting the application.

    Centrient Pharmaceuticals Vs CIT

    (2021) TaxCorp(LJ) 26229 (HC-AAR)

  8. Calcutta High Court · 23 Feb 2021
    The cost shall be recovered personally from the officer(s) who opined the case to be fit for filing the appeal. The same shall not be reimbursed by the department under any circumstances.

    Indian Roadways Corp ltd Vs PCIT

    (2021) TaxCorp(LJ) 26228 (HC-CALCUTTA)

  9. ITAT Mumbai · 22 Feb 2021
    While selling the fertilizer, it recovers part cost from farmers and part cost through Government by way of concession and hence, the subsidy is related to its business activity as the subsidy claim arises only upon sale of the fertilizer to the farmers.

    Tata Chemicals Limited Vs Deputy Commissioner of Income Tax-2(3)

    (2021) TaxCorp(LJ) 26227 (ITAT-MUMBAI) · Section 80IB

  10. ITAT Kolkata · 19 Feb 2021
    The assessee may be given benefit of set off of income determined u/s 68 of the Act against unabsorbed loss as the assessment years involved in these appeals are 2013-14 and 2014-15 which are prior to assessment year 2017-18.

    M/s Inter State Oil Carrier Ltd Vs DCIT

    (2021) TaxCorp(LJ) 26220 (ITAT-KOLKATA) · Section 68

  11. ITAT Chennai · 19 Feb 2021
    FMV needs to be substantiated only when valuation is done under Expl. (a)(ii) and not under Expl. (a)(i) to Sec. 56(2)(viib).

    Sakthi Textiles Ltd Vs The Deputy Commissioner of Income Tax

    (2021) TaxCorp(LJ) 26219 (ITAT-CHENNAI) · Section 56(2)(viib)

  12. ITAT Jaipur · 19 Feb 2021
    Where no addition has been made by the Assessing Officer towards unexplained investment u/s 69 for which the notice has been issued u/s 148 of the Act, the very basis for reassessment doesn’t exist anymore.

    Sheela Yogi Vs ITO

    (2021) TaxCorp(LJ) 26218 (ITAT-JAIPUR)

  13. ITAT Delhi · 19 Feb 2021
    The assessee had no reason to keep the cash at home when the dispute was settled in 2019.

    Leela Devi Vs ITO

    (2021) TaxCorp(LJ) 26217 (ITAT-DELHI) · Section 69A

  14. ITAT Mumbai · 19 Feb 2021
    As per the settled position of law, the appellate authorities are obligated to dispose off all the grounds of appeal raised by the appellant before them so that multiplicity of litigation may be avoided.

    Tanna Builders Ltd Vs DCIT

    (2021) TaxCorp(LJ) 26216 (ITAT-MUMBAI)

  15. Bombay High Court · 18 Feb 2021
    Interim relief is being granted by allowing petitioner- assessee to file return manually in view of a technical difficulty in e-filing utility while making loss set-off claim and had further restrained recovery proceedings.

    S.K.Ventures Vs ITO

    (2021) TaxCorp(LJ) 26215 (HC-BOMBAY)

  16. ITAT Delhi · 17 Feb 2021
    Exemption u/s 54 can be availed if the full amount of capital gain is utilized within time limit u/s 139(4).

    Harminder Kaur Vs ITO

    (2021) TaxCorp(LJ) 26209 (ITAT-DELHI)

  17. Karnataka High Court · 16 Feb 2021
    The legislature has specifically expanded the meaning of the term land to include rights or interests in land as well, which was not done in Sec.50C.

    V. S. Chandrashekar Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2021) TaxCorp(LJ) 26202 (HC-KARNATKATA) · Section 50C

  18. Bombay High Court · 16 Feb 2021
    Reliance placed on such uncorroborated and untested statement of Shri. Nilesh Bharani while making the additions to the income of the petitioner is highly questionable, that too, when for the previous assessment year he retracted the statement.

    Dilipkumar P.Chheda Vs IncomeTaxOfficer-4(1), Thane & Ors.

    (2021) TaxCorp(LJ) 26201 (HC-BOMBAY)

  19. ITAT Jaipur · 16 Feb 2021
    Where the TDS statements have been filed after 01.6.2015 and processing thereof happens and intimation issued thereafter, the Assessing officer is well within his jurisdiction to levy fees under section 234E of the Act.

    Special Judge Court SC/ST (Prevention of Atrocities Cases) Vs ITO

    (2021) TaxCorp(LJ) 26200 (ITAT-JAIPUR) · Section 234E

  20. ITAT Delhi · 15 Feb 2021
    Forfeiture of the convertible warrant had resulted in extinguishment of the right of the assessee, thus constituted transfer u/s 2(47) and allowed the STCL claim.

    Azalea Infrastructure Pvt Ltd Vs DCIT

    (2021) TaxCorp(LJ) 26193 (ITAT-DELHI)

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