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The subsequent reassessment notices issued on April 8, 2021 were not in consonance with the newly inserted Section 148A which mandates Revenue to conduct an enquiry before issuance of reassessment notice.
SYLVESA Infotech Private Limited Vs Additional Commissioner of Income Tax
(2022) TaxCorp(LJ) 30367 (HC-ORISSA) · Section 148
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The provisional approval granted by the Revenue for claiming exemption under Section 80G is applicable from the beginning of AY in which application was made and not from the date on which provisional approval was granted.
NSR Charitable Trust Vs The PCIT
(2022) TaxCorp(LJ) 30366 (ITAT-CHENNAI) · Section 80G
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Penalty of Rs. 1.5 Lac levied by Revenue under Section 271B is being deletd.
Perfect Stone Limited Vs The Assistant Commissioner of Income Tax, National Faceless
(2022) TaxCorp(LJ) 30365 (ITAT-CHENNAI)
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Death of the Managing Director of the companies was an extraordinary and exceptional event which would render non-grant of relief on equitable consideration irrational.
I A Housing Solution Private Limited Vs PRINCIPAL COMMISSIONER OF INCOME TAX-4
(2022) TaxCorp(LJ) 30358 (HC-DELHI)
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The observation of the AO is nothing, but a suspicion, because as claimed by the AO, the sales declared by the assessee for the AY 2017-18, is not increased when compared to last Financial Year.
Asokan Meena Vs The Income Tax Officer
(2022) TaxCorp(LJ) 30357 (ITAT-CHENNAI)
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Services rendered by marketing partner in terms of agreement was in the nature of FTS and in absence of tax deduction at source, the expenditure was liable to be disallowed under Section 40(a)(i).
Sunsmart Technologies Pvt. Ltd Vs The Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30356 (ITAT-CHENNAI)
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There is no requirement that the goods to be eligible for scrap should be produced by the seller itself.
Umeshkuamr Harilal Shah Vs ITO(TDS)-3
(2022) TaxCorp(LJ) 30349 (ITAT-AHMEDABAD)
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There is no requirement that there has to be formal order of condonation of delay to enable Assessee to avail benefit of VsV Act.
Medeor Hospital Limited Vs PRINCIPAL COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30348 (HC-DELHI)
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The judgment, has to be understood in the context, which is that they apply for the assessment years in question, which were before this court and were decided.
Ahmedabad Urban Development Authority Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30347 (SC)
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Assessee being a non-resident can only be asked to file the details with respect to the income falling under Section 5(2).
Manish Vjay Mehta Vs The DCIT
(2022) TaxCorp(LJ) 30346 (ITAT-MUMBAI)
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Mere pendency of appeal against a binding judicial precedent, in a higher judicial forum does not dilute, curtail or otherwise narrow down its binding nature.
Luxora Infrastructure Pvt Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30345 (ITAT-MUMBAI)
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If Revenue once allowed the deduction for the depreciation, then it is debarred to reject the depreciation claim in the subsequent year on the WDV carried forward from the earlier AY.
Man Industries (India) Limited Vs ACIT
(2022) TaxCorp(LJ) 30344 (ITAT-MUMBAI)
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Notices under Sections 143(2) and 144C stand on a different footing and cannot be equated with a SCN/DAO, to be issued prior to completion of faceless assessment.
P.T.Lee Chengalvaraya Naicker Trust Vs The Income Tax Officer
(2022) TaxCorp(LJ) 30337 (HC-MADRAS)
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In the hierarchical judicial system that we have, the better wisdom of the Court below has to yield to the higher wisdom of the Court above.
Wockhardt Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30336 (ITAT-MUMBAI) · Section 144C
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There must exist a fixed place of business in India through which the business is carried out in India whereas it is not even the case that any particular premises were at the disposal of the Assessee.
RGA International Reinsurance Company Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 30329 (ITAT-MUMBAI)
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Unless a contribution is made gratuitously and without consideration, it cannot be treated as voluntary contributions for the purpose of exemption of tax under Sections 11 and 12.
MAC Public Charitable Trust Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 30328 (HC-MADRAS)
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The case of the petitioner on financial stringency is not at all considered in the perspective it ought to have been considered by the Principal Commissioner, after applying his mind to the specific plea as taken by the petitioners in that regard.
Tungabhadra Minerals Private Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30327 (HC-BOMBAY)
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No error has been committed by the ITAT or HC in deciding the chargeability of TDS where value of non-convertible debentures and fixed deposit was less than Rs.5,000.
Jai Prakash Associates Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30326 (SC)
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If a person receives donation and maintains the record of identity and address of donors, then such donations cannot be considered to be anonymous donation as defined in Section 115BBC.
Gian Sagar Educational & Charitable Trust Vs The DCIT
(2022) TaxCorp(LJ) 30320 (ITAT-DELHI) · Sections 68, 115BBC
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There is no dispute on Assessee's entitlement for the benefit of exemption under Article 13(4) of the DTAA in respect of short/long term capital gains.
Swiss Finance Corporation (Mauritius), Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30319 (ITAT-MUMBAI)
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