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Liability to deduct tax at source under Section 201 only arises when it is required to be deducted under the provisions of the Act.
Special Tahsildar Land Acquisition (General) Vs PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30236 (HC-KARNATKATA) · Section 201(1A)
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Revenue is directed to pass appeal effect orders and release the refund within eight weeks in MOL Corporation's writ petition involving tax refund of Rs.215.49 Cr. and Rs.72.55 Cr. along with interest thereon for AYs 2006-07 and 2007-08.
MOL Corporation Vs ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
(2022) TaxCorp(LJ) 30229 (HC-DELHI)
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Revenue was not justified in rejecting the assessee’s claim of deduction under 80P only on the ground that such a claim was not made in the return but during the course of assessment proceedings.
Krushi Vibhag Karmchari Vrund Sahakari Pat Sanstha Maryadit
(2022) TaxCorp(LJ) 30228 (ITAT-NAGPUR) · Section 80P
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The language employed in Section 12AB does not suggest that while granting registration under Section 12A, CIT(E) is empowered to stipulate any conditions subject to which registration shall be granted.
Chamber of Indian Charitable Trusts Vs PCIT
(2022) TaxCorp(LJ) 30227 (ITAT-MUMBAI) · Sections 12AB, 80G
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Intention of the Assessee was not to defraud the Revenue by violating the provisions of the Act or by evading taxes as the cash receipts have been duly disclosed in the sale deed as well as in the income tax returns.
Anuradha Chivukula Challa Vs The Additional Commissioner of Income-tax
(2022) TaxCorp(LJ) 30219 (ITAT-BANGALORE) · Section 271D
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The Equalisation Levy does not get attracted in the present case since the intention of levy is the targeted audience and party paying for the online advertisement who in the present case have no relation with India.
Prakash Chandra Mishra Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30218 (ITAT-JAIPUR)
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Strengthening and maintaining of existing roads does not tantamount to laying down new infrastructure to claim deduction under Section 80IA(4).
Backbone Enterprise Ltd Vs The DCIT
(2022) TaxCorp(LJ) 30213 (ITAT-RAJKOT) · Section 80-IA
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MFN clause of the Protocol to India-France DTAA forms an integral part of the DTAA and applies automatically without any further notification.
Converteam Group Vs DCIT
(2022) TaxCorp(LJ) 30212 (ITAT-DELHI)
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Bank transactions alone are not sufficient to verify the trade in crypto currency.
Parmesh Chand Yadav Vs Income Tax Officer
(2022) TaxCorp(LJ) 30211 (HC-RAJASTHAN)
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The book profits of the partnership firm arrived at without providing for mandatory depreciation as per Section 32 did not reflect true and correct state of affairs for accretion on partner’s capital.
Arthi Nursing Home Vs High Court Andhra Pradesh
(2022) TaxCorp(LJ) 30210 (HC-AP)
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Exemption under Section 11 is to be restricted only to the amount diverted in violation of Section 13.
Mumbai Education Trust Vs DY.CIT (E)
(2022) TaxCorp(LJ) 30209 (ITAT-CHENNAI) · Sections 11, 13
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Assessee is entitled to Section 80-IA deduction claimed by the way of revised return filed within the time available under Section 139(5).
Aquasub Engineering Vs The DCIT
(2022) TaxCorp(LJ) 30208 (ITAT-CHENNAI) · Section 80-IA
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The sales and marketing services rendered by the Assessee to Indian entity does not fall within the ambit of FTS as defined under Section 9(1)(vii) or FIS under Article 12 of India-US DTAA, since the said services are not of technical managerial or consultancy in nature and does not fulfil the make available condition.
Manthan System Inc Vs The DCIT
(2022) TaxCorp(LJ) 30204 (ITAT-BANGALORE)
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Since the activities carried out by the Assessee are in the nature of making profits, the Assessee is not eligible for exemption under Section 11.
All India Granites & Stone Assocaition Vs ACIT
(2022) TaxCorp(LJ) 30203 (ITAT-BANGALORE) · Section 2(15)
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The word derived from in Section 80-HH must be understood as something which has direct or immediate nexus with the appellant’s industrial undertaking.
Kanakadurga Agro Oil Products Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 30196 (HC-AP)
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If the Revenue passes an adverse order, the coercive action against the Assessee shall not be taken for two weeks from the service of such order so that the Assessee can take the remedial measures against such order.
eBay Singapore Services Pvt Ltd Vs Deputy Commissioner of Income Tax (IT) 2(2)(1)
(2022) TaxCorp(LJ) 30195 (ITAT-MUMBAI)
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The application of Section 43B depends on the character of the levy being either statutory or contractual.
Vipul Ltd Vs DCIT
(2022) TaxCorp(LJ) 30188 (ITAT-DELHI) · Section 43B
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Since Assessee filed the return under Section 139(4A) in the course of reassessment proceedings, it is open to the Revenue to verify the books of account and other documents on record.
Stewart Science College Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 30187 (HC-ORISSA)
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In the present case, undisputedly, Assessee earned franchise fee in the course of its business, thus, the same was assessable as business income which can be set off against the brought forward business losses.
Channel V Music Networks Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30186 (ITAT-MUMBAI)
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Assessee is permitted to raise all the contentions including limitation aspect as well as objections for reopening the assessment w.r.t reasons furnished along with order dated 06.01.2022, as per the order of the learned Judge in WP.No.7929.
PayPal India Private Limited Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer National Faceless Assessment Centre
(2022) TaxCorp(LJ) 30178 (HC-MADRAS)
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