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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.
Dinesh Chand Surana Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30382 (HC-MADRAS)
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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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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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Section 41 has to be considered as a complete code by itself and Section 41(1) cannot be read in isolation with Section 41(4).
Sundaram Finance Ltd Vs The Joint Commissioner of Income Tax
(2022) TaxCorp(LJ) 30249 (HC-MADRAS)
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Assessee is permitted to raise all the contentions including limitation aspect as well as objections for reopening the assessment w.r.t reasons furnished along with order dated 06.01.2022, as per the order of the learned Judge in WP.No.7929.
PayPal India Private Limited Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer National Faceless Assessment Centre
(2022) TaxCorp(LJ) 30178 (HC-MADRAS)
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The alienation of the property by an assessee shall not be void if made for adequate consideration and without priorly receiving any notice from the Revenue about the pendency of the assessment proceedings or notice of any tax liability.
Pradeep Alexander Vs The Tax Recovery Officer
(2022) TaxCorp(LJ) 30069 (HC-MADRAS)
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Though the special audit report is not binding on the Revenue, the reasons for discarding it have to be recorded by the AO after proper discussion and cannot be discarded summarily.
SRS Mining Vs The Union of India
(2022) TaxCorp(LJ) 29866 (HC-MADRAS)
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The time-limit for filing appeal would start running only from the the date of receipt of the order and not the date of order and any other interpretation would result in incongruity and absurdity and ought to be avoided.
Anuttam Academic Institutions Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29827 (HC-MADRAS)
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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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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)
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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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There is enough material to proceed against the Assessee for non-filing of return which is punishable under Section 276CC and for furnishing the return belatedly with suppressed income, which is punishable under Section 276C(1).
Anjuga Selvi Alagiri Vs The Deputy Director of Income Tax
(2022) TaxCorp(LJ) 29646 (HC-MADRAS)
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The assessee had given loans to other educational society having similar objects, whose President was the brother of the assessee trust, and thus would not amount to an investment or a deposit attracting Sec. 13(1)(d).
Society of Daughters of Mary Immaculate & Collaborators Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29591 (HC-MADRAS)
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IBC provisions cannot be interpreted in a manner inconsistent with any other law in the time being in force and the approved resolution plan cannot impinge the Revenue’s rights to pass any fresh assessment order under Section 148 read with Sections 147 & 143(3).
Dishnet Wireless Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29531 (HC-MADRAS)
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The issue raised in the petition is that on assessee’s appeal before the ITAT against the CIT(A)’s order, the CIT(A)’s order was set aside, and thus the very foundation of the prosecution against the assessee for alleged wilful default and penalty fails.
A.Latha Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29522 (HC-MADRAS)
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Without any substantive material, assessee cannot be construed as owner of the WTGs. Payment made by it to Wescare can be treated only as a consumption charge for electricity supplied to them, for business purpose.
Tube Investments of India Ltd Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29499 (HC-MADRAS)
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Even trial production machineries kept ready for use, were considered to be used for purpose of business to qualify for depreciation.
LAKSHMI GENERAL FINANCE LTD. Vs The Commissioner of Income Tax
(2022) TaxCorp(LJ) 29480 (HC-MADRAS)
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CENVAT credit written off due to merger of manufacturing unit with another company was allowable as a deduction, since the benefit of CENVAT credit not availed of against the excise duty payable cannot be utilised by the assessee.
Kaleesuwari Refinery Pvt. Ltd Vs Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 29471 (HC-MADRAS)
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Assessee directed the landowner to pay the amount due on surrender of tenancy rights to the builder and hence does not result in exchange of assets. Therefore, depreciation on the said property is allowed.
Areva T & D India Ltd Vs The Commissioner of Income Tax
(2022) TaxCorp(LJ) 29461 (HC-MADRAS) · Section 28
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Where the entire tax liability was paid to the Government, and there was no loss to the exchequer, allowing the case to continue after a lapse of 11 years would be abuse of process of court.
Dharampal R.Pandia Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29459 (HC-MADRAS)
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