All landmark rulings

1. Direct Tax ·ITAT Mumbai · 30 Mar 2023
   ITAT - Determines Non-taxability of Advertising Rights Payment as Royalty in Cricket Tournaments by considering LoB Clause Applicability.

   Total Sports & Entertainment India P. Ltd Vs Income Tax Officer

   (2023) TaxCorp(LJ) 31263 (ITAT-MUMBAI)

2. Direct Tax ·ITAT Bangalore · 01 Apr 2023
   ITAT - Upholds Reassessment of Wealth Tax, Considers Assessee as 'Owner' of Land without Fulfillment of Conditions under Section 53A of TPA

   Triad Resorts and Hotels (P.) Ltd Vs WTO

   (2023) TaxCorp(LJ) 31262 (ITAT-BANGALORE)

3. Direct Tax ·Delhi High Court · 01 Apr 2023
   Witholding of refund due to OYO Hotels & Homes Pvt. Ltd. by the Revenue is bereft of cogent reasons, thus not sustainable.

   OYO Hotels And Homes Private Limited Vs DEPUTY ASSISTANT COMMISSIONER OF INCOME TAX & ANR

   (2023) TaxCorp(LJ) 31261 (HC-DELHI)

4. Direct Tax ·ITAT Ahmedabad · 29 Mar 2023
   The payment to the UAE based service provider are in the nature of technical services and not royalty.

   Kalpataru Power Transmission Ltd Vs The Dy. CIT

   (2023) TaxCorp(LJ) 31260 (ITAT-AHMEDABAD)

5. Direct Tax ·Jharkhand High Court · 28 Mar 2023
   The delay of just one day in uploading the assessment order or generating the DIN cannot make the assessment order unsustainable in law.

   Prakash Lal Khandelwal Vs The Commissioner of Income Tax

   (2023) TaxCorp(LJ) 31236 (HC-JHARKHAND)

6. Direct Tax ·ITAT Mumbai · 28 Mar 2023
   Reopening of assessment under Section 148 cannot be justified on hypothesis of a future event.

   World Sport Group (Mauritius) Limited Vs The DCIT

   (2023) TaxCorp(LJ) 31235 (ITAT-MUMBAI)

7. Direct Tax ·ITAT Mumbai · 27 Mar 2023
   The addition on account of interest of Rs.68.49 Cr @ 22% as directed by the DRP is unsustainable.

   CPI India Real Estate Ventures Limited Vs Deputy Commissioner of Income-tax

   (2023) TaxCorp(LJ) 31228 (ITAT-MUMBAI)

8. Direct Tax ·ITAT Ahmedabad · 27 Mar 2023
   The activities carried out by Gujarat Council of Science City are not in the nature of imparting education by general public utility.

   Gujarat Council of Science City Vs DCIT

   (2023) TaxCorp(LJ) 31227 (ITAT-AHMEDABAD)

9. Direct Tax ·Supreme Court · 25 Mar 2023
   The date of the Panchnama last drawn would be the relevant date for considering the period of limitation of two years and not the last date of authorisation.

   Anil Minda and Others Vs Commissioner of Income Tax

   (2023) TaxCorp(LJ) 31220 (SC)

10. Direct Tax ·ITAT Raipur · 25 Mar 2023
    CIT(E) is not vested with any power to condone delay in filing application for grant of approval under section 10(23C)(vi).

    Manav Rachana Education Society Vs The Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31219 (ITAT-RAIPUR) · Section 10(23C)(vi)

11. Direct Tax ·ITAT Mumbai · 25 Mar 2023
    Though this Special Bench judgment referred to supra has been rendered in the context of pre-Securities Transaction Tax (STT) era, still the analogy drawn thereon would be applicable to the facts of the instant case.

    J.P. Morgan Fund Vs Dy. Commissioner of Income Tax (IT)

    (2023) TaxCorp(LJ) 31218 (ITAT-MUMBAI)

12. Direct Tax ·Delhi High Court · 25 Mar 2023
    Assessee must be given an opportunity of being heard before rejecting the application seeking immunity from penalty proceedings.

    Rohit Kapur Vs PRINCIPAL COMMISSIONER OF INCOME TAX -7

    (2023) TaxCorp(LJ) 31217 (HC-DELHI)

13. Direct Tax ·ITAT Mumbai · 25 Mar 2023
    Where the final assessment order is passed beyond prescribed time limit the same is liable to be quashed.

    APM Terminals India Private Limited Vs The Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31216 (ITAT-MUMBAI) · Section 144C(13)

14. Direct Tax ·ITAT Surat · 25 Mar 2023
    Provision of IBC shall have an overriding effect over all other laws, accordingly, it can be concluded that provisions of IBC would prevail over Income Tax Act.

    Sumeet Industries Ltd Vs The DCIT

    (2023) TaxCorp(LJ) 31215 (ITAT-SURAT) · Section 156A

15. Direct Tax ·Delhi High Court · 24 Mar 2023
    Revenue’s approach of making observations based on Assessee’s distributor partners, does not meet the parameter set forth in Rule 28AA for estimating Assessee’s income and is thus erroneous.

    Milestone Systems A/S Vs DEPUTY COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31214 (HC-DELHI)

16. Direct Tax ·ITAT Chennai · 22 Mar 2023
    The Assessee rightly computed taxable income in compliance with ICDS by negating the adjustments made for disclosure of financial assets and liabilities as per IND-AS.

    Shriram Properties Limited Vs Principal Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31207 (ITAT-CHENNAI)

17. Direct Tax ·Calcutta High Court · 21 Mar 2023
    The impugned assessment order is a classical example as to how an assessment should not be made. This leaves us with no other option except to quash the assessment order.

    Indu Goenka Vs ASSESSMENT UNIT, INCOME TAX DEPARTMENT & Ors

    (2023) TaxCorp(LJ) 31200 (HC-CALCUTTA)

18. Direct Tax ·ITAT Hyderabad · 21 Mar 2023
    Gift of house to father just prior to sale of land was a camouflage to claim Section 54F deduction as the Assessee owned two house properties.

    Rachit V Shah Vs ITO-7(3)

    (2023) TaxCorp(LJ) 31199 (ITAT-HYDERABAD) · Section 54F

19. Direct Tax ·ITAT Mumbai · 20 Mar 2023
    CC Ltd is eligible to claim additional depreciation under Section 32(1)(iia) on the assets acquired in earlier AY.

    ACC Limited Vs Addl. CIT – LTU

    (2023) TaxCorp(LJ) 31192 (ITAT-MUMBAI)

20. Direct Tax ·ITAT Indore · 20 Mar 2023
    The activity of assessee cannot be said to be a mere work-contract. It is in the nature of development of project and hence the assessee has rightly claimed the deduction meant for developers.

    Shreenathji Infrastructure (P) Ltd Vs ACIT

    (2023) TaxCorp(LJ) 31191 (ITAT-INDORE) · Section 80-IA(4)

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