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The ESOP expenditure incurred is a compensation to the employee and has direct nexus with his/her employment, which is included in the salary of the employees under Section 17.
Hewlett Packard (India) Software Operation Pvt. Ltd Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30317 (ITAT-BANGALORE) · Section 195
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No prima facie disallowance under Section 143(1) can be made on a debatable issue without affording a reasonable opportunity of being heard to the Assessee, remands the issue of disallowance of exemption under Section 11.
Rajiv Gandhi University of Health Sciences Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30316 (ITAT-BANGALORE) · Sections 10(23C)(vi), 11
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The tax liability on capital gains arises only in the year of transfer as per Section 45 which has not been examined.
Abbasbhai A. Upletawala Vs Income Tax Officer
(2022) TaxCorp(LJ) 30315 (ITAT-MUMBAI)
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CIT(A) was not justified by estimating the receipts at 16% and deleting the addition.
Western Constructions Vs ACIT
(2022) TaxCorp(LJ) 30314 (ITAT-HYDERABAD)
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Mere fact that certain parties did not respond to the enquiries made by Revenue under Section 133(6) would not by itself be sufficient to warrant addition of expenses.
Havells India Limited Vs The DCIT
(2022) TaxCorp(LJ) 30313 (ITAT-DELHI)
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There is no critical evaluation of expenses by Revenue in the present case and post Apex Laboratories ruling, each of expenditure needs to be evaluated to see if the disallowance is justified.
AstraZeneca Pharma India Limited Vs The Assistant Commissioner of Income-tax
(2022) TaxCorp(LJ) 30312 (ITAT-BANGALORE)
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An assessment order passed in the name of non-existent entity is void ab initio and liable to be quashed.
State Bank of India Vs DCIT
(2022) TaxCorp(LJ) 30311 (ITAT-MUMBAI)
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The levy of the penalty on impugned undisclosed advances under section 271AAB is not justified.
Mangi Lal Kandoi Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 30310 (ITAT-JAIPUR) · Section 271AAB
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Revenue is directed to verify the taxes paid with reference to the tax residency certificate and adopt the cost of acquisition of Rs.2.13 Cr.
Biplab Adhya Vs The ITO
(2022) TaxCorp(LJ) 30309 (ITAT-BANGALORE) · Section 49(2AA)
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Taxability of IDR dividend fails in terms of provisions of India-Mauritius DTAA and the provisions of DTAA being more beneficial to Assessee will override the provisions of domestic law.
Barclays Capital Mauritius Limited Vs Asstt. Commissioner of Income Tax (IT)
(2022) TaxCorp(LJ) 30308 (ITAT-MUMBAI)
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When the valuation of the property was referred to the DVO, Revenue ought to have waited for the DVO’s report to ascertain the fair market value of the property for the purposes of Section 56(2)(vii)(b).
Sudalaimani Palanivelrajan Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30301 (ITAT-CHENNAI) · Section 56(2)(vii)(b)
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Benefit of Article 4.1 is to be granted to the Assessee.
Herbert Smith Freehills LLP Vs ACIT
(2022) TaxCorp(LJ) 30300 (ITAT-DELHI)
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Payment made to Google Ireland under the Adwords Programme cannot be characterized as royalty under the India-Ireland DTAA.
Google India Private Limited Vs The Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30299 (ITAT-BANGALORE)
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Income from providing online auction services to its wholly owned subsidiary in India from its Global Market Operations Centres located outside India, cannot be taxed as royalty under Article 12 of India-USA DTAA.
Ariba Inc Vs DDIT
(2022) TaxCorp(LJ) 30298 (ITAT-DELHI)
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Section 68 is applicable to amounts outstanding on credit purchases by rejecting Assessee’s ‘self-serving statements, based on sweeping generalizations, unverified statements, and without any supporting evidence’ as unacceptable.
Solid Machinery Co Pvt Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 30291 (ITAT-MUMBAI) · Section 68
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Just because an assessee has raised a claim by way of an additional ground of appeal before the Tribunal, it does not necessarily mean that the delay is attributable to the assessee.
Grasim Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30290 (ITAT-MUMBAI)
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Despite advancing general public utility, the Trust cannot benefit from exemption offered to entities covered by Section 2(15) where records reveal that income received from advertisements, constituted business or commercial receipts.
Ahmedabad Urban Development Authority Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30283 (SC)
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Having carefully gone through the Review Petition, the order under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record, warranting reconsideration of the order impugned.
Wipro Limited Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30282 (SC) · Section 10B
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Issue of treating reimbursement of expenses as FTS is a debatable issue on which no penalty can be imposed.
Shell Global Solutions International B.V. vs DCIT
(2022) TaxCorp(LJ) 30281 (ITAT-AHMEDABAD)
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The education institutions shall solely engage in education or educational activities, and not engage in any activity of profit, means that such institutions cannot have objects which are unrelated to education.
NEW NOBLE EDUCATIONAL SOCIETY Vs THE CHIEF COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30280 (SC)
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