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The notice and assessment order passed in the name of non-existing company is a substantive illegality and without jurisdiction.
Coffee Day Resorts (MSM) Pvt. Ltd Vs THE DEPUTY COMMISSIONER OF INCOME-TAX
(2023) TaxCorp(LJ) 31760 (HC-KARNATAKA)
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While determining the question of setting up of business, the nature of business undertaken by the Assessee is required to be examined.
Honda Access India Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31753 (ITAT-DELHI)
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The royalty received from foreign OEMs cannot be taxed under Section 9(1)(vi)(c).
Qualcomm Incorporated USA Vs DCIT
(2023) TaxCorp(LJ) 31752 (ITAT-DELHI)
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The Assessee is entitled to the refund of credit of advance tax and TDS due to migration of credit from the merged company to the successor company.
Virtusa Consulting Services Pvt. Ltd Vs Income Tax of Department
(2023) TaxCorp(LJ) 31751 (HC-AP)
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The assessment order mentioned that the notice under Section 142(1) was issued and served, but if the Assessee contends non-service of such notice, she is required to prove during trial.
Kamla Rani Vs Income Tax Officer
(2023) TaxCorp(LJ) 31744 (HC-DELHI)
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Power exercised under Section 251 is without jurisdiction, thus the additions made by exercising such power are to be deleted.
Apeejay Shipping Ltd Vs Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31743 (ITAT-KOLKATA)
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The alleged on-money paid from Assessee’s funds from Muscat cannot be taxed under Section 69 as per Article 24 of India-Oman DTAA.
Vijaykumar Kanaiyalal Matta Vs Income Tax Officer
(2023) TaxCorp(LJ) 31736 (ITAT-MUMBAI) · Section 69
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The joint ownership of the property would not stand in the way of claiming exemption under Section 54F.
Zainul Abedin Ghaswala Vs CIT(A)
(2023) TaxCorp(LJ) 31729 (ITAT-MUMBAI)
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The extreme repercussions of issuing LOC should be regulated and should not be made the norm for recovery of outstanding payments to the Bank, Isolated and few-and-far between cases of persons fleeing the country cannot become the uniform rationale for issuing of Look Out Circulars.
Mannoj Kumar Jain & Anr Vs Union of India & Ors.
(2023) TaxCorp(LJ) 31728 (HC-CALCUTTA)
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Penalty paid for late filing of profession tax return is penal in nature and cannot be considered as a compensatory to allow deduction under Section 37(1).
Shriram Chits Maharashtra Ltd Vs DCIT
(2023) TaxCorp(LJ) 31721 (ITAT-MUMBAI) · Section 37(1)
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Merely because the membership is taken in the name of the director, it cannot be said that Assessee won’t get the benefit of the membership of the director.
New Globe Logistik Pvt. Ltd Vs ITO
(2023) TaxCorp(LJ) 31720 (ITAT-MUMBAI)
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Assessee’s claim is allowable as the claim of deduction under Section 80-IC was made before completion of assessment procedure, which fulfils the directory requirement.
Canadian Specialty Vinyls Vs ITO
(2023) TaxCorp(LJ) 31719 (ITAT-DELHI) · Section 80-IC
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The interest income received by the Assessee on temporary short term fixed deposits is eligible for exemption under Section 10AA.
Allstate India Private Limited Vs DCIT
(2023) TaxCorp(LJ) 31718 (ITAT-BANGALORE) · Section 10AA
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The Assessee is a tax resident of Mauritius and is legally entitled to DTAA benefits on the strength of the TRC issued by the Mauritian authorities.
Sapein Funds Ltd Vs CIT(International Taxation)
(2023) TaxCorp(LJ) 31711 (ITAT-DELHI)
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The burden of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be so.
Sekhar Kumar Roy Vs Smt. Lila Roy & Another
(2023) TaxCorp(LJ) 31710 (HC-CALCUTTA)
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Merely for the reason that there is a violation of certain notifications issued by the Government in transacting with specified bank notes, the genuine explanation offered by the assessee towards source for cash deposit cannot be rejected.
Purani Hospital Supplies Private Limited Vs The Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31703 (ITAT-CHENNAI)
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There was no response from the Assessee on proposal of refund adjustment which the Assessee contradicts by submitting that a 30 days period was provided by the Revenue but the adjustment was made prior to the expiry of 30 days.
Travelport International Operations Limited Vs COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION 3
(2023) TaxCorp(LJ) 31696 (HC-DELHI)
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Levy of penalty suffers from vice of non-application of mind as well as violates principles of natural justice.
Saltwater Studio LLP Vs NFAC
(2023) TaxCorp(LJ) 31695 (ITAT-MUMBAI) · Section 270A(9)
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Unless the Revenue is able to prove that the assessee has a PE in India, its business profits cannot be subject to tax in India.
Baker Hughes Energy Technologies UK Ltd Vs ACIT
(2023) TaxCorp(LJ) 31694 (ITAT-DELHI) · Section 44BB
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Though the advances qualified as deemed dividend in terms of Section 2(22)(e), they cannot be taxed in the hands of the Assessee, not being shareholder of the concerns lending the sum.
Aaryavart Infrastructure P. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31687 (ITAT-AHMEDABAD)
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