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Landmark Rulings

Direct Tax landmark rulings

15,812 rulings

  1. Supreme Court · 04 May 2023
    Merely on the basis of recording of the inventory in the books of accounts, the transaction in question would not become stock in trade.

    Glowshine Builders & Developers Pvt. Ltd Vs Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31480 (SC)

  2. Supreme Court · 04 May 2023
    In the absence of any incriminating material found during the search, the notices under Section 153C were rightly set aside by Delhi HC.

    U.K. Paints (Overseas) Ltd Vs DY. COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31479 (SC) · Section 153

  3. ITAT Mumbai · 04 May 2023
    Make available test fails and the services cannot be held to be chargeable to tax as FTS as per India-Singapore DTAA.

    Macrotech Developers Limited Vs DCIT-7(3)

    (2023) TaxCorp(LJ) 31478 (ITAT-MUMBAI) · Section 43CA

  4. ITAT Chennai · 03 May 2023
    Unless the accounts of various persons including technicians of the movie was settled, it is impossible to release the movie on the specified date for public audience, thus there was a business expediency in settling of accounts of various parties.

    T. Rajendran Vs Assistant Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31471 (ITAT-CHENNAI) · Section 40A(3)

  5. ITAT Hyderabad · 02 May 2023
    Since the Assessee received the property on account of approval of the scheme of amalgamation in the year under consideration, the income is required to be charged in the year under consideration.

    Vertex Projects LLP Vs ACIT

    (2023) TaxCorp(LJ) 31465 (ITAT-HYDERABAD) · Sections 47(vi), 56(2)(viia)

  6. Supreme Court · 02 May 2023
    In the light of New Noble Education Society's ruling, the HC judgment in unsustainable.

    Baba Banda Singh Bahadur Education Trust Vs UNION OF INDIA & ORS.

    (2023) TaxCorp(LJ) 31464 (SC)

  7. Chennai High Court · 29 Apr 2023
    The Revenue considered the total weight of the excess jewellery as gold and failed to consider the other impurities and precious and semi-precious stones and other metals used in such jewellery.

    Cholaji Kanniyalal Vs Assistant Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31457 (HC-CHENNAI)

  8. Bombay High Court · 29 Apr 2023
    Not only information to be provided but also the material relied upon by the Revenue shall be provided to enable the Assessee to file an effective reply.

    Anurag Gupta Vs Income Tax Offcer

    (2023) TaxCorp(LJ) 31456 (HC-BOMBAY) · Section 148A(b)

  9. ITAT Mumbai · 29 Apr 2023
    With effect from Oct 1, 2019, no communication shall be issued by the Income Tax Authority unless a DIN is allotted and is quoted in the body of the letter except under exceptional circumstances as mentioned in Para 3.

    Teleperformance Global Services Private Limited Vs Asst.Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31455 (ITAT-MUMBAI)

  10. ITAT Mumbai · 29 Apr 2023
    Amounts received as compensation for hardship, rehabilitation and for shifting are not liable to tax.

    Ajay Parasmal Kothari Vs Income Tax Officer

    (2023) TaxCorp(LJ) 31454 (ITAT-MUMBAI)

  11. Delhi High Court · 29 Apr 2023
    Merely because the Assessee inadvertently offers a receipt for levy of tax, tax cannot be levied by the Revenue if it is not otherwise constitute income of Assessee.

    ANSAL PROPERTIES AND INFRASTRUCTURE LTD Vs PR. COMMISSIONER OF INCOME TAX-1

    (2023) TaxCorp(LJ) 31453 (HC-DELHI) · Section 47(iv)

  12. ITAT Jaipur · 29 Apr 2023
    Assessee is directed to place all the relevant material to decide about the taxability or otherwise of the income that he has earned on record.

    Pappu Singh Rajpurohit Vs AO

    (2023) TaxCorp(LJ) 31452 (ITAT-JAIPUR)

  13. Supreme Court · 28 Apr 2023
    CIT/AO may take such action as appropriate in respect of the matters, not placed before it as per the provisions of Section 245F(4).

    Jagdish Transport Corporation & Ors Vs UNION OF INDIA AND ORS.

    (2023) TaxCorp(LJ) 31445 (SC)

  14. Supreme Court · 28 Apr 2023
    Only income reasonably attributable to operations carried out in India can be taken as income deemed to accrue/arise in India.

    Travelport Inc Vs DIRECTOR OF INCOME TAX

    (2023) TaxCorp(LJ) 31444 (SC)

  15. ITAT Delhi · 28 Apr 2023
    In the facts and peculiar circumstances of the Assessee’s case, the provisions of Section 269SS and 269T were inapplicable.

    Delhi State Taxi Operators’s Co-operative Thrift Credit & Services Society Ltd Vs JCIT

    (2023) TaxCorp(LJ) 31443 (ITAT-DELHI) · Sections 269SS, 269T

  16. Supreme Court · 27 Apr 2023
    If the revised return is a valid return and the assessee has withdrawn the claim of depreciation it cannot be granted relying on the original return when the assessment is based on the revised return.

    G.E.Lighting (I) P.Ltd Vs A.C.I.T

    (2023) TaxCorp(LJ) 31437 (SC)

  17. ITAT Mumbai · 27 Apr 2023
    Uber India cannot be treated as assessee-in-default for non-deduction of tax at source under Section 194C on payments made to restaurant and courier partners or driver-partners under Uber Eats and Uber App respectively on behalf of Uber B.V.

    Uber India Systems Private Limited Vs Dy. Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31436 (ITAT-MUMBAI)

  18. ITAT Mumbai · 26 Apr 2023
    The capital gains has to be computed only by reference to provisions of Section 112(1)(c)(iii), without giving effect to the first and second provisos to Section 48.

    Legatum Ventures Limited Vs Asstt. Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31429 (ITAT-MUMBAI) · Section 112(1)(c)(iii)

  19. Karnataka High Court · 26 Apr 2023
    Since Assessee is permitted to file revised returns on condonation of delay, if there is any occasion for Revenue to initiate proceedings under Section 143(2) for framing assessment under Section 143(3), the Assessee shall not be entitled to take the defense of limitation.

    Sandhya Srivatsan Vs THE COMMISSIONER OF INCOME-TAX

    (2023) TaxCorp(LJ) 31428 (HC-KARNATKATA)

  20. ITAT Mumbai · 25 Apr 2023
    The contract between the Assessee and contracting banks are principal to principal basis and there is no direct connection with the credit card agencies like Visa or Master.

    Cleartrip Pvt. Ltd Vs DCIT

    (2023) TaxCorp(LJ) 31421 (ITAT-MUMBAI)

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