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No interest is chargeable under Section 234B for sums on which tax was not deducted by the payer but the tax was subsequently paid by the payee as held by SC in Mitsubishi Corporation.
Van Oord ACZ Marine Contractors BV Vs The Chief Commissioner of Income Tax-I
(2022) TaxCorp(LJ) 29785 (HC-MADRAS)
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TDS is adjustable against the tax, if any, ultimately assessed as payable by the Assessee and any excess tax deducted is refundable with interest.
National Petroleum Construction Company Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29784 (SC)
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The Assessee circulated CDA through capital dividend so as to circumvent Section 55(2) which would have transformed the taxable dividend paid by 4244 when Assessee’s shares were redeemed by it.
3295940 CANADA INC. Vs Foreign Court Canada
(2022) TaxCorp(LJ) 29783 (FOREIGN)
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No income could be attributed to alleged Dependent Agent PE of Adobe-Ireland in India, when the transaction between Indian AE and foreign party is found to be at arm’s length price.
Adobe Systems Software Ireland Ltd Vs M/s Adobe Systems Software Ireland Ltd.
(2022) TaxCorp(LJ) 29777 (ITAT-DELHI)
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Revenue is directed to process ITRs of companies disclosing income under Section 44BB pertaining to AY 2016-17 so that CPC could process the refund.
Almansoori Wireline Services Company LLC Vs CENTRAL BOARD OF DIRECT TAXES & ORS
(2022) TaxCorp(LJ) 29776 (HC-DELHI) · Section 44BB
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The deemed dividend can be taxed only in the hands of the registered shareholder of the company and not in the hands of the company which has received the loan.
Pallava Resorts Private Limited Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29775 (ITAT-CHENNAI) · Section 2(22)(e)
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The time at which the residual EIS as receivable by the assessee would become determinate only on the day when the Trust is aware of the amounts determined on each payout date.
Cholamandalam Investment & Finance Co. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29768 (ITAT-CHENNAI)
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In the present case, it is not in dispute that the Assessee has made claim for deduction under Section 80P, hence the provisions of sec. 80A(5) are not applicable to the assessee.
Meghana Apartment Cooperative Housing Society Ltd Vs ITO-25( 3)( 1)
(2022) TaxCorp(LJ) 29767 (ITAT-MUMBAI) · Section 80P, 143(1), 80AC
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Relaxation provisions must be interpreted in a liberal and non-pedantic manner, and so as to give full effect to the relaxations permitted by the legislature.
Suminter India Organics Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29766 (ITAT-MUMBAI) · Section 115BAA
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The cause for the delay in filing the appeal, which could have been avoided by exercise of due care and responsibility, cannot be a sufficient cause within the meaning of the limitation provision.
Malnad Organics Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 29761 (ITAT-BANGALORE)
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Disputed question of material fact cannot be decided in the writ proceedings and shall be determined in the appellate proceedings.
Tata Teleservices Limited Vs COMMISSIONER OF INCOME TAX (IT)
(2022) TaxCorp(LJ) 29760 (HC-DELHI)
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The revision order passed under Section 263 is invalid and deemed to have never been issued as it fails to mention DIN in its body or any reason for non-issuance of DIN.
Tata Medical Centre Trust Vs Commissioner of Income tax
(2022) TaxCorp(LJ) 29759 (ITAT-KOLKATA)
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Revenue is directed to adjudge Petitioner’s claim under Benami Transactions Informants Reward Scheme, 2018 within 6 months from receipt of information in specified format, which was denied citing Petitioner's failure to furnish information in the said format.
Sharad Pandya Vs Central Board Of Direct Taxes
(2022) TaxCorp(LJ) 29752 (HC-RAJASTHAN)
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The expenditures are relating to 2G Spectrum Scam in which the directors and shareholders of the Assessee were accused, thus, it is not incurred wholly and exclusively for the purpose of business.
Kalaignar TV Pvt. Ltd. Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29751 (ITAT-CHENNAI)
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When the language of a statute is unambiguous and admits of only one meaning, no question of construction of a statute then arises.
Kumar Builders Consortium Vs The Pr. Commissioner of Income Tax- 4
(2022) TaxCorp(LJ) 29748 (HC-BOMBAY)
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In cases of short deduction of TDS, disallowance under Section 40(a)(ia) of the Act cannot be made and the correct course of action would have been to invoke Section 201.
FUTURE FIRST INFO. SERVICES PVT. LTD Vs PR. COMMISSIONER OF INCOME TAX-1
(2022) TaxCorp(LJ) 29747 (HC-DELHI) · Section 201
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DSIR is statutorily bound to issue the Form 3CL within 120 days in accordance with Rule 6(7A)(ba).
SRF Ltd Vs UNION OF INDIA & ANR
(2022) TaxCorp(LJ) 29746 (HC-DELHI)
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Article 7(3) of India-Spain DTAA is not applicable in this case since nothing was paid by the Assessee to the head office on account of loss and no deduction claimed.
Cobra Instalaciones Y Services S.A Vs DCIT
(2022) TaxCorp(LJ) 29745 (ITAT-DELHI)
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Revenue is directed to grant the deduction under Section 80GGA read with Section 35A as claimed by the Assessee under Chapter VI-A.
Parijat Trust Vs DCIT
(2022) TaxCorp(LJ) 29744 (ITAT-DELHI) · Section 11
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The Assessee is not in default under Section 201(1) and the default interest under Section 201(1A) shall be computed only on professional or technical services fee paid to EdCIL India Ltd. at 20% or 16% or 5% of the grant in aid and not on the whole of grant.
Department of School Education and Literacy Vs ACIT
(2022) TaxCorp(LJ) 29743 (ITAT-DELHI) · Section 201(1A)
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