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Landmark Rulings

All landmark rulings

21,515 rulings

  1. 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)

  2. 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)

  3. 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)

  4. 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)

  5. 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)

  6. 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)

  7. 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)

  8. 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)

  9. 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)

  10. 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)

  11. Direct Tax ·ITAT Delhi · 16 Jul 2022
    Revenue expenses cannot be disallowed on the grounds that the assessee has not shown any revenue income in a particular year.

    Darrameks Hotels & Developers Pvt. Ltd Vs Income Tax Officer

    (2022) TaxCorp(LJ) 29699 (ITAT-DELHI)

  12. Direct Tax ·ITAT Mumbai · 15 Jul 2022
    Once the insolvency proceedings commenced under IBC, all the litigations are to be pursued by Resolution Professional appointed by the Committee of Creditors and not by the company.

    Reliance Communications Ltd Vs Addl. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29692 (ITAT-MUMBAI)

  13. Direct Tax ·ITAT Mumbai · 15 Jul 2022
    Revenue is not justified in denying exemption under Section 11 where Trust received premium along with rent, which was alleged to be lower than the market rate from a company, whose promoter was one of the Trustees.

    Mehta Charity Trust Vs Dy. Director of Income Tax

    (2022) TaxCorp(LJ) 29691 (ITAT-MUMBAI) · Section 11

  14. Direct Tax ·ITAT Pune · 14 Jul 2022
    Penalty of Rs.89.99 lakhs imposed under Section 271(1)(c) is unsustainable where divergent views are prevalent in respect of treatment of consideration received for granting access to online database.

    Faurecia Systems D’echappement Vs ACIT

    (2022) TaxCorp(LJ) 29685 (ITAT-PUNE) · Section 271(1)(c)

  15. Direct Tax ·Supreme Court · 13 Jul 2022
    The sufficiency or inadequacy of the reasons to believe recorded cannot be gone into while considering the validity of an act of authorization to conduct search and seizure.

    Laljibhai Kanjibhai Mandalia Vs PRINCIPAL DIRECTOR OF INCOME TAX

    (2022) TaxCorp(LJ) 29678 (SC)

  16. Direct Tax ·ITAT Delhi · 13 Jul 2022
    Observations made are in the context of grant of stay on recovery of outstanding demand and there is no bearing on the decision to be taken in the appeal.

    Ebro India Pvt. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29677 (ITAT-DELHI) · Section 144B

  17. Direct Tax ·Karnataka High Court · 12 Jul 2022
    It would be incongruous to construe sub -clause (vi) of section 2 (19AA) as to mean a running unit.

    KBD Sugars And Distilleries Ltd Vs THE COMMISSIONER OF INCOME-TAX

    (2022) TaxCorp(LJ) 29670 (HC-KARNATAKA)

  18. Direct Tax ·Madras High Court · 12 Jul 2022
    The applicability of the principles of natural justice and fair play, depends on the facts and circumstances of each case and is subjected to statutory provisions.

    Marg Projects and Infrastructure Ltd Vs The Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29669 (HC-MADRAS)

  19. Direct Tax ·Supreme Court · 11 Jul 2022
    Exemption provisions have to be strictly and literally be complied with.

    Wipro Limited Vs Principal Commissioner of Income Tax-III

    (2022) TaxCorp(LJ) 29662 (SC) · Section 10B

  20. Direct Tax ·Madras High Court · 11 Jul 2022
    The paradox in the functioning of settlement commission, comprising of senior members from the department, deviating from the neutrality of a quasi-judicial authority, would have invited our much attention if it had not been abolished and replaced with interim board.

    K.S. Thirumalaivasan Vs The Chairman Income Tax Settlement Commission

    (2022) TaxCorp(LJ) 29661 (HC-MADRAS)

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