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Landmark Rulings

Direct Tax landmark rulings

15,819 rulings

  1. ITAT Mumbai · 18 Oct 2022
    DRP can pass order of rectification under Rule 13 of DRP Rules within six months from the end of the month in which the order was passed.

    Michael Page International Recruitment Pvt. Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30279 (ITAT-MUMBAI)

  2. Karnataka High Court · 18 Oct 2022
    As per Section 131(1) the jurisdictional AO was supposed to issue the summons, however in the present case the summons has been issued by Deputy Director of Income Tax Unit-2(3), who is not having jurisdiction.

    Partha Pratim Ghosh Vs The Income Tax Department

    (2022) TaxCorp(LJ) 30278 (HC-KARNATKATA)

  3. Supreme Court · 18 Oct 2022
    Section 148A(d) order and reiterated that it was not necessary for the Revenue to have some fresh tangible material to form a belief that income had escaped assessment where the Assessee’s return was only processed under Section 143(1).

    Ernst And Young U. S. LLP Vs ASSISTANT COMMISSIONER OF INCOME TAX & ANR

    (2022) TaxCorp(LJ) 30277 (SC)

  4. Karnataka High Court · 17 Oct 2022
    The delay in filing the return of income was not willful but occurred on account of financial hardships.

    Manyata Projects (P) Ltd Vs The Income Tax Department By its Income Tax Officer

    (2022) TaxCorp(LJ) 30270 (HC-KARNATKATA)

  5. Supreme Court · 17 Oct 2022
    We cannot apply a hybrid method of valuation and valuation of unquoted shares has to be valued as per Rule 11 on standalone basis.

    BPL Limited Vs DEPUTY COMMISSIONER OF GIFT TAX

    (2022) TaxCorp(LJ) 30269 (SC)

  6. ITAT Jaipur · 15 Oct 2022
    Assessee did not claim TDS against the undeclared interest income which appears to be bonafide mistake as the Chartered Accountant of Assessee was not able to detect this fact during audit.

    Bagaria Trade Impex Vs The ACIT

    (2022) TaxCorp(LJ) 30262 (ITAT-JAIPUR)

  7. Delhi High Court · 15 Oct 2022
    The Revenue could not have issued a Section 148A(b) notice where the proceedings under the old regime was issued and served on Mar 31, 2021.

    Nagesh Trading Co. Vs INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 30261 (HC-DELHI)

  8. ITAT Delhi · 15 Oct 2022
    Section 153C does not mandate that the proceedings under Section 153C can only be initiated in the cases where the incriminating material would culminate into an addition.

    Ecstasy Buildcon Pvt. Ltd. Vs DCIT

    (2022) TaxCorp(LJ) 30260 (ITAT-DELHI) · Sections 153C, 68, 69, 69A, 69B, 69C

  9. ITAT Delhi · 15 Oct 2022
    The services are in the nature of market survey and market research for the products of the parent company and getting information regarding the regulatory measures in USA.

    Anand NVH Products Inc Vs ACIT

    (2022) TaxCorp(LJ) 30259 (ITAT-DELHI)

  10. Calcutta High Court · 15 Oct 2022
    Impugned order is bad and not sustainable in law and is liable to be quashed for the reason that the impugned notice under Section 148A(b) under the newly amended Act was issued after expiry of three years from the end of relevant assessment year and the alleged escapement of income is below Rs.50 lakh.

    Dinesh Kumar Goyal Vs Income Tax Officer

    (2022) TaxCorp(LJ) 30258 (HC-CALCUTTA)

  11. Delhi High Court · 15 Oct 2022
    The adjustment made as per Section 143(1) is covered under VsV Act.

    Manoj Finvest Pvt. Ltd Vs PRINCIPAL COMMISSIONER OF INCOME-TAX

    (2022) TaxCorp(LJ) 30257 (HC-DELHI)

  12. ITAT Allahabad · 15 Oct 2022
    The expression educational institution when used in conjunction with University, cannot be given a very broader definition.

    Hindi Sahitya Sammelan Vs Chief Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30256 (ITAT-ALLAHABAD)

  13. Madras High Court · 14 Oct 2022
    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)

  14. Supreme Court · 14 Oct 2022
    Order passed by the Calcutta HC is without any notice or opportunity to the Union of India and others, therefore is in violation of the principles of natural justice.

    G.M. Foods & Ors Vs UNION OF INDIA

    (2022) TaxCorp(LJ) 30248 (SC)

  15. ITAT Mumbai · 14 Oct 2022
    Discount allowed by Vodafone Idea Ltd. to distributors on sale of pre-paid sim cards/recharge vouchers does not attract the provisions of Section 194H.

    Vodafone Idea Ltd Vs Dy. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30247 (ITAT-MUMBAI)

  16. Delhi High Court · 13 Oct 2022
    The provisions of Section 14A are inapplicable as far as deductions, which are permissible and allowed under Chapter VIA are concerned.

    IFFCO Ltd Vs THE PR. COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30241 (HC-DELHI)

  17. Supreme Court · 13 Oct 2022
    Deposit of employees' PF and ESI contribution specified under Section 36(1)(va) on or before the due date stipulated in the respective statutes to be an essential condition for claiming deduction.

    Checkmate Services P. Ltd Vs COMMISSIONER OF INCOME TAX-1

    (2022) TaxCorp(LJ) 30240 (SC)

  18. Delhi High Court · 13 Oct 2022
    Section 195 has no application once the nature of payment is determined as salary and deduction has been made under Section 192.

    BOEING India Pvt. Ltd Vs PRINCIPAL COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30239 (HC-DELHI)

  19. Forein High Court · 13 Oct 2022
    Tax avoidance was its principal purpose or effect or, at least, tax avoidance was not merely an incidental purpose or effect of the arrangement.

    Frucor Suntory New Zealand Limited Vs Foreign Court New Zealand

    (2022) TaxCorp(LJ) 30238 (HC-Forein)

  20. ITAT Ahmedabad · 12 Oct 2022
    Membership fee and subscription amounts received by trust/society from its members cannot be characterized as voluntary contribution within meaning of expression fund in Section 12.

    Dudhsagar Research & Development Association Vs ACIT(Exemption)

    (2022) TaxCorp(LJ) 30237 (ITAT-AHMEDABAD)

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