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In absence of any reasons as to why and how the demand would be defeated by the petitioner, mere apprehension that huge tax demands are likely to be raised on completion of assessment was not sufficient to constitute formation of opinion.
Xiaomi Technology India Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 30643 (HC-KARNATKATA)
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Payments made by Shoppers Stop to various vendors for procurement of footwear under sale or return agreement is not in the nature of work contract, thus provisions of Section 194C are not applicable.
Shoppers Stop Limited Vs ACIT
(2022) TaxCorp(LJ) 30642 (ITAT-MUMBAI) · Section 194C
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Assessee, merely by filing the revised return of income declaring the maximum credit balance in the said undisclosed bank account, cannot evade the judicial process of law for not disclosing his correct income and foreign account since the year 1991.
Rajinder Kumar Vs STATE & ANR.
(2022) TaxCorp(LJ) 30641 (HC-DELHI)
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Free sample of medicines supplied to doctors is for promotion of the product of the pharmaceutical company, thus is wholly and exclusively for the purposes of the business of the company and allowable under Section 37(1).
Merk Limited Vs DCIT
(2022) TaxCorp(LJ) 30640 (ITAT-MUMBAI) · Section 37(1)
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The amendment in Section 149(1)(c) by Finance Act, 2012 extending the limitation period to sixteen years could not be resorted for reopening the assessment where time had already expired before the amendment became effective.
Deval D. Thakkar Vs DCIT
(2022) TaxCorp(LJ) 30639 (ITAT-MUMBAI)
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The draft assessment order issued earlier was conspicuously silent on the issue of depreciation of goodwill and would not make the subsequent order of assessment good, without there being a satisfactory compliance with the provisions of Section 144B(1)(xvi).
Acme Housing India Private Limited. Vs National Faceless Assessment Centre and 3 Others
(2022) TaxCorp(LJ) 30632 (HC-BOMBAY) · Section 144B(1)(xvi)
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The benefit of deduction under Section 35(2AB) on scientific research expenditure cannot be denied merely due to non-receipt of Form 3CL.
Curadev Pharma Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 30631 (ITAT-DELHI) · Section 35(2AB)
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Revenue by taking aforementioned view, in fact admitted that the undisclosed income was sourced out of the business activities of the Assessee.
Kulkarni & Sahu Buildcon Pvt. Ltd Vs The Deputy Commissioner of Income Tax-1(1)
(2022) TaxCorp(LJ) 30630 (ITAT-RAIPUR) · Section 69
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The payment of VAT by the Assessee would not attract the provisions of Section 40(a)(iib) since it is neither in the nature of licence fee or surcharge.
Chhattisgarh State Beverages Corporation Limited Vs The Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30629 (ITAT-RAIPUR) · Section 40(a)(iib)
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Revenue is directed to make every possible endeavor of carrying out the necessary correction in the challan within 2 months.
WorldQuant Research (India) Pvt. Ltd Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 30628 (ITAT-MUMBAI)
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The Revenue, prior to passing of Section 148A(d) order realised that mistake was committed while issuing show cause notice under Section 148A(b), yet it proceeded with the same and even went to the extent of wrong statement in Section 148A(d) order.
Usha Rani Girdhar Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 30627 (HC-DELHI) · Section 148A(d)
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The expenditure on donation made to sister concern/trust out of the unsecured loan taken from a private company is not prohibited under Section 13.
BHAI Hospital Trust Vs ITO (E)
(2022) TaxCorp(LJ) 30626 (ITAT-DELHI) · Section 11
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The time that was made available to the petitioner to file its response to the show cause notice was quite inadequate and illusory and therefore, the principles of natural justice can be said to have been violated.
CS & Sons Vs The National Faceless Assessment Centre, Delhi & Ors.
(2022) TaxCorp(LJ) 30625 (HC-BOMBAY) · Section 144B
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Substantial justice cannot be defeated by technical considerations of delay, where there is no deliberate delay or delay on account of negligence or on account of malafide.
Bhatewara Associates Manik Vs Union of India
(2022) TaxCorp(LJ) 30624 (HC-BOMBAY)
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The Education cess paid by the respondent-assessee would not be allowed as an expenditure under Section 37 read with 40 (a) (ii) of the Income Tax Act, 1961.
Chambal Fertilisers & Chemicals Limited Vs JOINT COMMISSIONER OF INCOME TAX-2
(2022) TaxCorp(LJ) 30623 (SC) · Section 40(a)(ii)
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In the absence of any specific withdrawal of the proceedings under Section 154, the proceedings can be said to pending, thus, it was not permissible on the part of the Revenue to initiate the reassessment proceedings.
S.M. Overseas (P) Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30605 (SC)
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Considering the confidential information furnished by Revenue as well as past cases, the DBS Bank FD would protect Revenue’s interest for now.
FCS Manufacturing (India) Pvt. Ltd Vs DEPUTY DIRECTOR OF INCOME TAX
(2022) TaxCorp(LJ) 30598 (HC-GUJARAT)
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ITAT would not be able to take a contrary view in the appeal preferred by the Assessee, having already expressed an opinion in the appeal preferred by the Revenue.
Linklaters Vs The Deputy Director of Income Tax
(2022) TaxCorp(LJ) 30569 (HC-BOMBAY)
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Mistake of not disclosing details of registration under Section 12A in the return of income, falls within the ambit of mistake apparent from the record as envisaged under Section 154 and can be corrected without revising the return.
Grih Kalyan Kendra Board Vs ITO
(2022) TaxCorp(LJ) 30568 (ITAT-DELHI) · Section 12A
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Assessee’s intention to conceal income is further proved by the fact that the PAN of PoA holder was only given for TDS purposes as if he was the only recipient of the sale consideration.
Dr. Sabesan Parameswaran Vs The ACIT
(2022) TaxCorp(LJ) 30561 (ITAT-CHENNAI)
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