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Landmark Rulings

All landmark rulings

21,400 rulings

  1. Direct Tax ·Patna High Court · 17 May 2023
    Though there are different class of assessees under the Income Tax Act, they cannot be considered to be equal, merely for reason of their being assessed under that Act.

    Pankaj Kumar Vs Income Tax Office

    (2023) TaxCorp(LJ) 31556 (HC-PATNA) · Section 45(5A)

  2. Direct Tax ·Supreme Court · 17 May 2023
    The intent of the legislature behind Section 69A is to subject articles like gold, jewellery and other valuable items, to income tax, where such articles are typically owned with the intention of avoiding income tax.

    D. N. Singh Vs COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31555 (SC) · Section 69A

  3. Direct Tax ·ITAT Delhi · 16 May 2023
    Under the provisions of Rule 11UA, the Assessee has option to value shares under DCF method or NAV method.

    Gamma Pizzakraft (Overseas) Pvt. Ltd Vs ACIT

    (2023) TaxCorp(LJ) 31551 (ITAT-DELHI) · Section 56(2)(viib)

  4. Direct Tax ·AP High Court · 16 May 2023
    Under Section 170, Revenue is obligated to assess the total income of the Assessee for the post-amalgamation period.

    TSI Business Parks (Hyderabad) Pvt Ltd Vs ACIT

    (2023) TaxCorp(LJ) 31550 (HC-AP)

  5. Direct Tax ·ITAT Jaipur · 15 May 2023
    There was no non-disclosure by Assessee and there can be no addition of transactions in the hands of the Assessee which solely belong to the non-resident foreign company.

    Krishna Das Agarwal Vs DDIT, ADIT(Inv.)

    (2023) TaxCorp(LJ) 31546 (ITAT-JAIPUR)

  6. Direct Tax ·Delhi High Court · 15 May 2023
    Not considering the reply filed by the Assessee is a sufficient ground for setting aside the impugned penalty order.

    Prateek Chitkara Vs JOINT COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31545 (HC-DELHI)

  7. Direct Tax ·ITAT Mumbai · 13 May 2023
    Reimbursement of project administration cost received by non-resident Assessee from GSSPL for development of campus as per the CPSA is not taxable as FIS under Article 12 of India-USA DTAA, absent fulfilment of make available condition.

    Goldman Sachs & Co. LLC Vs Dy. Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31538 (ITAT-MUMBAI)

  8. Direct Tax ·ITAT Hyderabad · 13 May 2023
    It cannot be said that there was any mistake apparent from record or that the proceedings are amenable to the jurisdiction of the learned Assessing Officer under section 154.

    Anjanee Vijetha Kasturi Vs Asst. Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31537 (ITAT-HYDERABAD) · Sections 115BBE, 68, 69

  9. Direct Tax ·ITAT Bangalore · 13 May 2023
    Rendering of service by the seconded personnel shall not constitute as fees for technical services, in the absence of making available any technical knowledge or skill to the Indian entity.

    Juniper Networks Inc. Vs ITO

    (2023) TaxCorp(LJ) 31536 (ITAT-BANGALORE)

  10. Direct Tax ·Bombay High Court · 13 May 2023
    Failure on the part of the Assessee to pay the tax in its entirety in respect of the declaration made under section 183 would be deemed to have never been made under the IDS.

    Sunil Wamanrao Sakore Vs Union of India

    (2023) TaxCorp(LJ) 31535 (HC-BOMBAY)

  11. Direct Tax ·ITAT Mumbai · 13 May 2023
    Subscription fees received by Assessee for providing access to its online database is not taxable as royalty both under Section 9(1)(vi) and under Article 12(3) of the India-Switzerland DTAA.

    IQVIA AG (Previously known as IMS AG) Vs Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31534 (ITAT-MUMBAI)

  12. Direct Tax ·ITAT Mumbai · 13 May 2023
    If two reasonable constructions of a taxing provision are possible that construction which favours the Assessee must be adopted.

    Kalyaanee Krrsna Builders Vs TDSCPC Ghaziabad

    (2023) TaxCorp(LJ) 31533 (ITAT-MUMBAI) · Sections 234E, 200A

  13. Direct Tax ·Supreme Court · 12 May 2023
    Section 153A/153C proceedings are invalid in completed or unabated assessments where no incriminating material is found during search.

    Abhisar Buildwell P. Ltd Vs PRINCIPAL COMMISSONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31526 (SC)

  14. Direct Tax ·ITAT Mumbai · 11 May 2023
    Even under the provisions of the India-South Africa DTAA, the payment of compensation under the Termination Agreement is not taxable in India.

    The Board of Control for Cricket in India Vs Dy. Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31519 (ITAT-MUMBAI)

  15. Direct Tax ·Supreme Court · 11 May 2023
    Credit of revalued assets to partner’s capital account shall be construed as transfer, covered within the ambit of otherwise under Section 45(4).

    Mansukh Dyeing and Printing Mills Vs THE COMMISSIONER OF INCOME TAX 23

    (2023) TaxCorp(LJ) 31518 (SC)

  16. Direct Tax ·ITAT Delhi · 11 May 2023
    Right of lessee as to first priority of purchase of leased property does not fall within the ambit of capital asset as defined under Section 2(14) and the compensation received upon settlement of litigation was not taxable as capital gains.

    Ishvakoo Grand Plaza Vs DCIT

    (2023) TaxCorp(LJ) 31517 (ITAT-DELHI)

  17. Direct Tax ·ITAT Indore · 10 May 2023
    CIT(A) was right in gaining support from coordinate bench order passed in challenge to revisionary proceedings as several factors on merit of the case were taken into consideration.

    Shakti Pumps (India) Ltd Vs ACIT

    (2023) TaxCorp(LJ) 31516 (ITAT-INDORE) · Section 10AA

  18. Direct Tax ·Gujarat High Court · 10 May 2023
    The Assessee incurred average net loss of Rs.187.67 Cr during three immediately preceding FYs, thus, falls out of the ambit of Section 135.

    Adani Power Rajasthan Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31515 (HC-GUJARAT) · Section 37(1)

  19. Direct Tax ·ITAT Delhi · 09 May 2023
    If the income generated from the transactions arising out of the contract was offered to tax in subsequent years, it is revenue neutral and it cannot be brought to tax in the relevant AYs.

    Sahara India Power Corporation Limited Vs ACIT

    (2023) TaxCorp(LJ) 31508 (ITAT-DELHI)

  20. Direct Tax ·Supreme Court · 09 May 2023
    In a situation where deductee is not required to pay any tax on its income, there is no reason to hold the deductor in default under Section 201(1) and 201(1A) of the Act, as deductee is not required to pay any tax on its income, which is, in fact, a loss.

    IJM Corporation Berhad Vs COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31507 (SC) · Section 201(1A)

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