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The sum related to payment of interest on late payment of TDS was neither added by the Assessee to the taxable income for the relevant AY nor the Revenue had added the same during the course of assessment.
Delhivery Pvt. Ltd Vs Pr. CIT-3
(2023) TaxCorp(LJ) 31184 (ITAT-DELHI) · Section 263
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Payment received by a US based entity for providing access to Microsoft software to its group companies does not amount to royalty under the domestic law as well as India-US DTAA.
Atos IT Solutions and Services Inc Vs DCIT (IT)
(2023) TaxCorp(LJ) 31183 (ITAT-MUMBAI)
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AO is duty bound to carry out the verifications and examine the documents furnished by the Assessee in compliances with the directions of DRP.
DSV Air & Sea Pvt.Ltd Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ Income-tax Officer, The National Faceless Assessment Centre
(2023) TaxCorp(LJ) 31182 (ITAT-MUMBAI)
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The nature and head of income on a particular receipt is dependent on the intent of the Assessee and the treatment given in the books of accounts for the relevant AY.
A. Jesu Rajendran Vs Income Tax Officer
(2023) TaxCorp(LJ) 31181 (ITAT-CHENNAI) · Section 50C
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There is no illegality with respect to the cash deposited in the bank after Nov 24, 2016 but before Dec 31, 2016.
Rangasamy Deepa Vs The Income Tax Officer
(2023) TaxCorp(LJ) 31180 (ITAT-CHENNAI)
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For the solitary year, the year under consideration, a departure from the consistent manner in which the department viewed the transactions, cannot be disturbed.
Century Plyboards (I) Ltd Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31172 (HC-CALCUTTA)
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The transfer was not based only on surmises and conjectures as the Assessee's name was taken by some of the persons subjected to search and investigation which indicated a transfer of suspicious cash to the tune of almost Rs.20 Cr. from the Assessee's residence in Delhi.
Kamal Nath Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31171 (SC)
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Computation of profit under Section 44BB is unsustainable as, it is not consistent with the position taken on the issue in past AYs.
Vetco Gray Pte. Ltd. Vs DCIT
(2023) TaxCorp(LJ) 31170 (ITAT-DELHI)
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The buying and selling of the NCDs was made for commercial consideration and business exigency, to preserve the business reputation and the primary source of business, thus allowable as business loss.
Deutsche Asset Management India P. Ltd Vs Asst CIT CIR 2(1) (1)
(2023) TaxCorp(LJ) 31169 (ITAT-MUMBAI)
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While computing capital gains arising on transfer of a capital asset received by the Assessee under a will, the indexed cost of acquisition has to be computed with respect to the year in which the first owner held the asset.
Sohrab Fali Mehta Vs Income Tax Officer
(2023) TaxCorp(LJ) 31162 (ITAT-MUMBAI)
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The profit margin foregone by the Assessee cannot be held to be an incurred expenditure in creating intangible or goodwill.
Flipkart India Private Limited Vs The Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31161 (ITAT-BANGALORE)
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In view of the transitional provisions stipulated in ICDS-III, retention money related to the construction contracts commenced before Mar 31, 2016 should be recognized in accordance with the method regularly followed by the Assessee.
Hindustan Construction Company Limited Vs DCIT
(2023) TaxCorp(LJ) 31160 (ITAT-MUMBAI)
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Payments made by Assessee to its parent company in Dubai under general and administrative service agreement is neither business income nor fee for technical services.
ITP Publishing India Pvt. Ltd Vs ACIT
(2023) TaxCorp(LJ) 31159 (ITAT-MUMBAI)
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There is no legal or valid reason to add the alleged loss arising from alleged Ready Forward transactions.
Standard Chartered Bank Vs DCIT
(2023) TaxCorp(LJ) 31158 (ITAT-MUMBAI)
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The deduction of TDS doesn’t give any credence or legalize the payments which are in contravention with the law laid down by the Hon’ble Apex Court.
Boston Scientific India Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31157 (ITAT-DELHI)
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Appropriate application of the law and correct advise to the concerned officer can save a lot of litigation and burden on the court as well as agony to the citizens.
Lehman Brothers Investments Pte.Ltd Vs Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31150 (HC-BOMBAY) · Section 148
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Once the Assessee discharged the initial burden under Section 179, it was Revenue’s responsibility to show as to how a gross neglect, misfeasance or breach of duty would be attributed to the Assessee, which the Revenue failed to establish in the present case.
Geeta P. Kamat Vs Principal Commissioner of Income-tax
(2023) TaxCorp(LJ) 31149 (HC-BOMBAY)
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In case of any unnecessary adjournment being sought by the Assessee, there is likelihood of vacation of the stay order.
Amazon Web Services, Inc Vs ACIT
(2023) TaxCorp(LJ) 31142 (HC-DELHI)
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The scope of the proceedings under Section 197 is different from assessment proceedings.
ZSCALER, INC Vs DEPUTY COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31141 (HC-DELHI)
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Conditions stipulated in Section 2(11) of the Black Money Act were not fulfilled to hold the alleged investment as undisclosed foreign asset located outside India, thus Revenue was unjustified to make the impugned addition.
Srinjoy Bose Vs A.D.I.T. (Inv.)-3(4)
(2023) TaxCorp(LJ) 31140 (ITAT-KOLKATA)
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