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Landmark Rulings

Direct Tax landmark rulings

15,812 rulings

  1. ITAT Chennai · 15 Apr 2023
    Growing white button mushroom is an agricultural activity and income derived from said activity is agricultural income which is exempt from tax.

    British Agro Products (India) Pvt. Ltd Vs Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31355 (ITAT-CHENNAI)

  2. ITAT Mumbai · 15 Apr 2023
    All the support services are provided by the intra- group entities and particularly, the administrative and day to day management services are provided by the assessee.

    Jefferies LLC Vs DCIT (IT)

    (2023) TaxCorp(LJ) 31354 (ITAT-MUMBAI)

  3. ITAT Delhi · 14 Apr 2023
    The receipts in the present case certainly cannot fall within scope of Article 14, therefore, the only provision under which the receipts can fall is business profits as provided under Article 7 of the tax treaty.

    Fraport A.G. Frankfurt Airport Services Worldwide Vs ACIT, ADIT

    (2023) TaxCorp(LJ) 31347 (ITAT-DELHI)

  4. ITAT Delhi · 14 Apr 2023
    Once the receipts are covered under section 44BB of the Act, automatically, they are excluded from the definition of royalty as provided under Explanation 2(via) to section 9(1)(vi) of the Act.

    Pacific Crest Pte. Ltd Vs DCIT

    (2023) TaxCorp(LJ) 31346 (ITAT-DELHI) · Section 44BB

  5. Delhi High Court · 13 Apr 2023
    There is nothing on record to show that failure to allocate DIN on final assessment order arose out of the exceptional circumstances contained in Para 3 of the CBDT Circular.

    Brandix Mauritius Holdings Ltd Vs THE COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-1

    (2023) TaxCorp(LJ) 31341 (HC-DELHI) · Section 292B

  6. ITAT Delhi · 13 Apr 2023
    Section 44BBB does not speak of engagement of a foreign company for supply in connection with the turnkey power project, the provisions of Section 44BBB are not applicable.

    UK Grid Solution Limited Vs Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31340 (ITAT-DELHI)

  7. Delhi High Court · 12 Apr 2023
    Income tax benefit, as given in the Second Schedule of the SEZ Act shall be available only for import for the purpose of re- export.

    Om Nanotech Pvt Ltd Vs PR. COMMISSIONER OF INCOME TAX-7

    (2023) TaxCorp(LJ) 31333 (HC-DELHI) · Section 10AA

  8. Karnataka High Court · 12 Apr 2023
    Addition under Section 68 was not warranted since evidences in the form of bank details were furnished by the Assessee in support of the investments in question.

    Jaico Realtors Pvt. Ltd Vs THE PR. COMMISSIONER OF INCOME-TAX

    (2023) TaxCorp(LJ) 31332 (HC-KARNATKATA) · Section 68

  9. Supreme Court · 11 Apr 2023
    The case pertained to allegation of escaped income of more than Rs.50 Lacs which satisfied the provisions of the amended Section 149(1)(b).

    Salil Gulati Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31327 (SC)

  10. ITAT Mumbai · 11 Apr 2023
    Provision made on account of ESOP expenditure would be an ascertained liability and not a contingent liability warranting any disallowance either under normal provisions or while computing book profits under Section 115JB.

    Vodafone Idea Ltd (formerly known as Idea Cellular Limited) Vs Assistant Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31326 (ITAT-MUMBAI) · Section 28(iv)

  11. Supreme Court · 10 Apr 2023
    Receipts from DEPB and duty drawback schemes are not eligible for deduction under Section 80-IB.

    Saraf Exports Vs Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31318 (SC) · Section 80-IB

  12. Supreme Court · 10 Apr 2023
    On mere belated remitting the TDS after deducting the same by the concerned person, no penalty shall be leviable under Section 271C.

    US Technologies International Pvt. Ltd. & Others Vs The Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31317 (SC) · Section 271C(1)(a)

  13. Delhi High Court · 10 Apr 2023
    Ascertaining the nature of payment is vital for determining if the Assessees were at all obligated to deduct the tax.

    DLF Homes Panchkula Pvt Ltd Vs JOINT COMMISSIONER OF INCOME TAX

    (2023) TaxCorp(LJ) 31316 (HC-DELHI) · Section 194-I

  14. ITAT Mumbai · 08 Apr 2023
    Expenses incurred for promotion of pharmaceutical products in the form of gifts or incentives (freebies) to the doctors are against public policy and being prohibited by law and same are not allowable under Section 37(1).

    Galderma India Pvt. Ltd. (Formerly known as Nestle Skin Health India Pvt. Ltd.) Vs ACIT

    (2023) TaxCorp(LJ) 31309 (ITAT-MUMBAI)

  15. Bombay High Court · 08 Apr 2023
    Reassessment in the name of non-existent company, despite the Revenue being diligently informed about the scheme of amalgamation, is invalid and liable to be quashed.

    Sterlite Technologies Limited Vs The Deputy Commissioner of Income tax

    (2023) TaxCorp(LJ) 31308 (HC-BOMBAY)

  16. Delhi High Court · 08 Apr 2023
    The reassessment proceedings could not have been initiated in the relevant AY, since the payments for the flat were made in earlier AYs, and no part of the transaction took place in the relevant AY.

    Sanjay Kumar Vs ASSISTANT COMMISSIONER OF INCOME TAX & ANR

    (2023) TaxCorp(LJ) 31307 (HC-DELHI) · Section 148

  17. Delhi High Court · 08 Apr 2023
    For the purpose of prosecution, the proceedings have to be initiated under Section 279 and usually the notice has to be served on the person concerned.

    Manoj Vasudev Pardasany Vs UNION OF INDIA & ORS.

    (2023) TaxCorp(LJ) 31306 (HC-DELHI)

  18. Gujarat High Court · 08 Apr 2023
    The difference of heads under which the income was disclosed in the present case and in the coordinate bench case would not be of any material consequence in view of the final finding on the issue.

    Suman Paper & Boards Ltd Vs JOINT COMMISSIONER OF INCOME TAX & 2

    (2023) TaxCorp(LJ) 31305 (HC-GUJARAT)

  19. Supreme Court · 06 Apr 2023
    In the present case, AO erred in allowing deduction and caused loss of tax to the Revenue, thus, HC committed a very serious error in setting aside the revisionary order.

    Paville Project Pvt. Ltd Vs The Commissioner of Income Tax 7

    (2023) TaxCorp(LJ) 31292 (SC)

  20. Supreme Court · 06 Apr 2023
    The statute must be read as a whole and one provision of the Act should be construed with reference to other provisions in the same Act so as to make a consistent enactment of the whole statute.

    Vikram Sujitkumar Bhatia & Others Vs Income Tax Officer

    (2023) TaxCorp(LJ) 31291 (SC) · Section 153C

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