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Merely because certain attributes like fixed remuneration, leaves, rules, fixed timings were applicable to doctors, they cannot be considered as employees in absence of master-servant relationship.
Kovai Medical Centre and Hospital Limited Vs Deputy Commissioner of Income tax
(2023) TaxCorp(LJ) 31621 (ITAT-CHENNAI) · Section 194J
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In case there is a failure to get the accounts audited for the purpose of Section 12A(1)(b), there is no penalty provision under the Act, however the benefit under Section 11/12 could be denied.
National Law University Vs Additional/Joint/Deputy/Assistant Commissioner of income Tax
(2023) TaxCorp(LJ) 31614 (ITAT-DELHI) · Sections 44AB, 271B
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There is no illegality or perversity in CIT(A) order directing AO to rectify mistake of omission to make addition of the unaccounted income, which was apparent from record.
Petla Jagannadh Vs Asstt. C. I. T.
(2023) TaxCorp(LJ) 31613 (ITAT-HYDERABAD)
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The burden to establish existence of fixed place PE is entirely on the Revenue and in the present case the Revenue failed to discharge the said burden.
Sime Darby Engineering Sdn Bhd Vs DCIT(International Taxation)
(2023) TaxCorp(LJ) 31606 (ITAT-DELHI)
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Provision is in relation to claims incurred but yet to reported by the insured to the Assessee, on the basis of actuarial valuation as mandated by IRDA and the claims are now well settled.
Religare Health Insurance Co. Ltd Vs JCIT (OSD)
(2023) TaxCorp(LJ) 31605 (ITAT-DELHI)
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Effluent treatment plant shall be considered as part of water treatment plant and shall be eligible for deduction under Section 80-IA(4).
Viral Alkalis Ltd Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31598 (ITAT-MUMBAI) · Section 80-IA
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Exchange of Information provided for in the Protocol will be applicable for information relating to any fiscal year beginning on or after the Apr 1, 2011.
Praveen Sawhney Vs The A.C.I.T
(2023) TaxCorp(LJ) 31594 (ITAT-DELHI)
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Assessee is directed to furnish a bank guarantee of Rs.10 Cr. before the Revenue on or before Jun 2, 2023, which shall remain in force until the disposal of Assessee’s appeal.
Nikesh Arora Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31593 (ITAT-DELHI)
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Maintenance support services and training services do not fall in the ambit and nature of FTS within Article 12(4) of India-Singapore DTAA.
Murex Southeast Asia Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31592 (ITAT-MUMBAI)
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If the Assessee has chosen to reap the fruits of the interpretation given by the High Court, the Assessee is also liable to face consequences, if interpretation given by the High Court is reversed or modified by Supreme Court.
Siddhi Vinayaka Graphics Private Limited Vs ADIT
(2023) TaxCorp(LJ) 31585 (ITAT-KOLKATA) · Section 143(1)
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The limited scope available under Article 226 of Constitution is to ascertain the existence of information in view of scheme of Section 148A and no other contrary construction can be culled out.
Deepak Kumar Yadav Vs Principal Commissioner Of Income Tax And Another
(2023) TaxCorp(LJ) 31584 (HC-ALLAHABAD)
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Since the final assessment order passed by Revenue on Nov 10, 2017 refers only to the name of amalgamating company without any reference to the amalgamated company, the order suffers from illegality and is also incapable of countenance.
Lear Automotive India Private Limited Vs ACIT
(2023) TaxCorp(LJ) 31583 (ITAT-PUNE)
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Interest received by the Assessee cannot be treated as operational income as the interest received does not pertain to credit facilities provided to its members as stipulated in Section 80P(2)(a)(i).
Sangam Coop. Credit Society Ltd Vs The Assessing Officer, National e-assessment Centre
(2023) TaxCorp(LJ) 31582 (ITAT-BANGALORE) · Section 80P
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Transfer of assessment to DCIT, Jaipur would cause inconvenience and hardship to the Assessee in terms of money and resources, accordingly, the order under Section 127 is liable to be set aside.
Kamal Varandmal Galani Vs Principal Commissioner of Income Tax-19
(2023) TaxCorp(LJ) 31581 (HC-BOMBAY)
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Merely because the transaction is through account payee cheque alone cannot convert a non-genuine transaction into a genuine transaction.
Sangeeta Devi Jhunjhunwala Vs ITO
(2023) TaxCorp(LJ) 31575 (ITAT-DELHI) · Section 10(38)
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Revenue failed to provide any corroborative evidence to demonstrate that the Assessee carried out business/profession in India wholly or partly through a fixed place of business.
MTR Corporation Ltd Vs DCIT
(2023) TaxCorp(LJ) 31574 (ITAT-DELHI)
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Even if for any year the taxpayer is found to be existing solely for educational purposes and not for purposes of profit, the Assessee still has to continuously satisfy this pivotal condition each and every year.
The Indian Institute Of Banking & Finance (Formerly known as The Indian Institute of Bankers) Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31566 (ITAT-MUMBAI) · Section 10(23C)(vi)
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There cannot be two contradictory orders of the Tribunal one upholding the assessment and other quashing the assessment based on the jurisdictional error.
Krishna Kumar D Shah (HUF) Vs Income Tax Officer
(2023) TaxCorp(LJ) 31565 (ITAT-HYDERABAD)
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In today’s time of advancement technology, it becomes incumbent on the Assessee to supply proper credentials, including email ID and mobile numbers to the Income Tax Department.
Manas Vs Income Tax Officer
(2023) TaxCorp(LJ) 31564 (HC-MADRAS)
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Delayed payment of tax does not amount to willful evasion of tax where for bona fide reasons, the assessee revised the return and corrected the details of tax payment.
Vivimed Labs Ltd Vs PCIT
(2023) TaxCorp(LJ) 31557 (HC-AP) · Sections 276C, 277
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