All landmark rulings

21,465 rulings

Desk: Both Direct Tax GST

Direct Tax ·HP High Court · 22 Jul 2022
HC- Merely because the respondent had got order from the VAT Authority, did not in itself make the cash sales genuine.
JMJ Essential Oil Company Vs PR. COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29736 (HC-HP) · Section 271(1)(c)
Direct Tax ·ITAT Bangalore · 22 Jul 2022
ITAT- The expenses incurred towards discontinued project of cafeteria and breakout area expansion does not bring any benefit of enduring nature to the Assessee and thus are allowable as revenue expenditure under Section 37.
Texas Instruments (India) Private Limited Vs The Additional Commissioner of Income-Tax
(2022) TaxCorp(LJ) 29735 (ITAT-BANGALORE)
Direct Tax ·Delhi High Court · 22 Jul 2022
HC- Retrospective provision in a tax act which is for the removal of doubts cannot be presumed to be retrospective.
ERA Infrastructure (India) Ltd Vs PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2
(2022) TaxCorp(LJ) 29734 (HC-DELHI)
Direct Tax ·Calcutta High Court · 21 Jul 2022
Assessee had discharged the initial burden placed upon him and Revenue failed to further enquire into the matter.
Sreeleathers. Vs PRINCIPAL COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29728 (HC-CALCUTTA) · Section 68
Direct Tax ·P&H High Court · 21 Jul 2022
The time limit to pass the fresh assessment order expired on Mar 31, 2017, thus, fresh order could not be passed in view of the statutory bar.
BMW India Private Limited Vs Deputy Commissioner of Income Tax ana another
(2022) TaxCorp(LJ) 29727 (HC-P&H)
Direct Tax ·Delhi High Court · 21 Jul 2022
The Revenue wrongly concluded that the Assessee had not disclosed the sale of property and long term capital gain in the ITR which was, in fact, accepted by the Revenue at the time of original assessment.
Seema Gupta Vs ITO
(2022) TaxCorp(LJ) 29726 (HC-DELHI)
Direct Tax ·Delhi High Court · 20 Jul 2022
Merely because the sanction mentions that the Director verified the returns by appending his digital signature, does not extend the applicability of sanction to him.
Vipul Aggarwal Vs INCOME TAX OFFICE
(2022) TaxCorp(LJ) 29725 (HC-DELHI)
Direct Tax ·ITAT Mumbai · 20 Jul 2022
Right to be heard contained in Section 250(2)(a) is not a condition precedent for the disposal of appeal on merits in accordance with Section 250(6).
Marvel Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29724 (ITAT-MUMBAI)
Direct Tax ·ITAT Bangalore · 19 Jul 2022
Assessee did not satisfy condition necessary for claiming deduction under Section 35AD.
Mangalore Chemicals & Fertilizers Limited Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29723 (ITAT-BANGALORE) · Section 35AD
Direct Tax ·ITAT Mumbai · 19 Jul 2022
Inland Haulage Charges are inextricably linked to shipping business in international traffic, thus, not taxable as business profit in India.
Avana Global FZCO. Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29722 (ITAT-MUMBAI)
Direct Tax ·ITAT Bangalore · 18 Jul 2022
Once the conditions laid down in Section 195 are fulfilled, Assessee is bound to deduct tax at source on the payment made to non-resident and Section 201 does not leave any room for exception in the cases of any contrary bonafide belief.
Nitesh Estates Limited Vs ADIT (Intl. Taxn)
(2022) TaxCorp(LJ) 29715 (ITAT-BANGALORE)
Direct Tax ·ITAT Ahmedabad · 18 Jul 2022
Revenue is not entitled to collect any excess tax other than what is authorized under the law. Therefore, revenue is directed to refund the excess DDT paid or adjust the same with Assessee’s advance tax.
Adani Enterprises Ltd. Vs DCIT
(2022) TaxCorp(LJ) 29714 (ITAT-AHMEDABAD)
Direct Tax ·ITAT Mumbai · 16 Jul 2022
Reassessment proceedings were bad in law since the jurisdictional condition is not satisfied in the present case.
Navajbai Ratan Tata Trust Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29707 (ITAT-MUMBAI)
Direct Tax ·ITAT Delhi · 16 Jul 2022
Payments received from Indian member firms are reimbursements of costs and not taxable under the Income-tax Act as well as the India-UK DTAA.
EY Global Services Limited Vs ACIT
(2022) TaxCorp(LJ) 29706 (ITAT-DELHI)
Direct Tax ·Karnataka High Court · 16 Jul 2022
ITAT’s order upholding levy of wealth tax is not sustainable where possession of properties assessed to wealth tax was transferred to another entity with which assessee entered into a development agreement.
M/S. NOORANI PROPERTIES (P) LTD Vs THE COMMISSIONER OF WEALTH TAX
(2022) TaxCorp(LJ) 29705 (HC-KARNATAKA)
Direct Tax ·Delhi High Court · 16 Jul 2022
The Revenue had failed to provide any cogent reasoning or working to substantiate the disallowance.
M/s Utech Developers Ltd Vs PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) - 3
(2022) TaxCorp(LJ) 29704 (HC-DELHI)
Direct Tax ·ITAT Chennai · 16 Jul 2022
Final assessment order under Section 143(3) should have been framed on or before Dec 31, 2010 but actually framed only on Feb 22, 2011, is barred by limitation.
Pearson India Education Services Pvt. Ltd Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29703 (ITAT-CHENNAI)
Direct Tax ·ITAT Chennai · 16 Jul 2022
The bank account which was not disclosed in the return of income filed cannot be considered at this stage for the reason that it is not legally tenable.
Dr. (Late) S.F.V. Selvaraj Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29702 (ITAT-CHENNAI)
Direct Tax ·ITAT Hyderabad · 16 Jul 2022
Issue of allocation of corporate expenditure to units eligible for various tax holidays is not a debatable issue, and thus rectifiable under Section 154.
Dr.Reddy’s Laboratories Limited. Vs DCIT
(2022) TaxCorp(LJ) 29701 (ITAT-HYDERABAD)
Direct Tax ·ITAT Chennai · 16 Jul 2022
Loss must be deemed to have arisen only when the employer comes to know about it and realizes that the amount embezzled cannot be recovered, no doubt, it came to its knowledge prior.
George Oakes Ltd Vs The ACIT
(2022) TaxCorp(LJ) 29700 (ITAT-CHENNAI)

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