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Assessee does not constitute a dependent agent of Car Care Private Ltd., on the ground that privity of contract for extended warranty is between the Assessee and the customers, wherein, CCPL has no role to play and the factual position emerging on record was not effectively controverted by Revenue.
Exclusive Motors Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 30177 (ITAT-DELHI)
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Assessee furnished various documents including cash book and bank statements for the whole year to explain the nature and source of cash deposits and three of the customers from whom amount was claimed to have been received by Assessee appeared before the Revenue confirming the payment.
Jet Freight Logistics Limited Vs Commissioner of Income Tax Appeal (NFAC)
(2022) TaxCorp(LJ) 30176 (ITAT-MUMBAI)
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A warrant issued in respect of one premises cannot be valid to search another premises and if the authorities intend to search another premise, they will have to issue another warrant after recording satisfaction in accordance with law and absence of the same would vitiate the proceedings under Section 153A.
M3M India Holdings Vs The A.C.I.T
(2022) TaxCorp(LJ) 30175 (ITAT-DELHI) · Section 153A
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Since the term or set off of any loss was specifically inserted only by the Finance Act 2016, w.e.f. Apr 1, 2017 an assessee is entitled to claim set-off of loss against income determined under Section 115BBE till AY 2016-17.
Bhima Jewellers Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30174 (HC-KERALA) · Section 115BBE
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The interest income derived by a co-operative society by way of investment made with a co-operative bank is eligible for deduction under section 80P(2)(d).
Palm Court M Premises Cooperative Society Limited Vs Principal Commissioner of Income tax
(2022) TaxCorp(LJ) 30173 (ITAT-MUMBAI) · Section 80P
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The limitation being a question of law and touching upon the jurisdiction of the authority to initiate proceedings, it could be raised at any stage of the proceedings and it will not preclude the assessee from doing so.
Dinesh Kumar Goyal Vs UNION OF INDIA AND ORS.
(2022) TaxCorp(LJ) 30166 (HC-CALCUTTA)
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The ITAT has inherent powers of granting a stay on demand in fit and deserving cases, which is ancillary and incidental to its appellate powers.
Hindustan Lever Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30165 (ITAT-MUMBAI)
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The assessment order as invalid and deemed to have never been issued as it failed to mention DIN in its body.
Brandix Mauritius Holdings Ltd Vs The Dy. C.I.T
(2022) TaxCorp(LJ) 30164 (ITAT-DELHI)
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Even if Assessee’s income remained Nil after the adjustments, such adjustments constitutes as requisite variation in the income returned by Assessee under Section 144C.
J. P. Morgan India Investment Company Mauritius Limited Vs ACIT-3(1)(1)
(2022) TaxCorp(LJ) 30157 (ITAT-MUMBAI)
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Receipt from domain name registration received by GoDaddy.com LLC is in the nature of royalty under Section 9(1)(vi) read with Section 115A.
Godaddy.com LLC Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30156 (ITAT-DELHI)
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The book value of the liability shown in the balance sheet has to be reduced for the purpose of valuation and determination of FMV of unquoted equity shares.
Mystical Infaratech Pvt. Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 30155 (ITAT-MUMBAI) · Section 56(2)(viia)
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Danish Tax Council: The MD does not have any operative role in the subsidiary nor any premises in the subsidiary, thus it can be safely concluded that the MD would not be directly involved in the Assessee’s activities in Denmark.
NA Vs Foreign Court Denmark
(2022) TaxCorp(LJ) 30148 (HC-Forein)
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Wherever the date of despatch or issuance is determined to be on or after Apr 1, 2021, the reassessment notices shall be deemed to be show cause notices under Section 148A(b) of the new regime.
Suman Jeet Agarwal & Ors Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 30147 (HC-DELHI) · Section 13
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In the absence of any definition of 'debenture' in the Act, reliance can be placed on the definition given in the Companies Act which provides that 'bond' is covered under the expression debenture.
Heidelberg Cement AG Vs ACIT
(2022) TaxCorp(LJ) 30146 (ITAT-DELHI)
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When the requisite materials and the intervening decision of the jurisdictional high court was available for deciding the issue urged by the Assessee, the Tribunal ought to have arrived at a conclusion rather than remanding the matter back.
Vedanta Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX & ANR
(2022) TaxCorp(LJ) 30145 (HC-DELHI)
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Settlement of dispute under Vivad se Vishwas Act (VsV Act) does not amount to conceding to the dispute for AYs not subject matter of declaration under VsV Act.
Phadnis Clinic Pvt. Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30144 (ITAT-PUNE)
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Mere projections by the assessee and accepted by the auditors with qualifications cannot be considered as a proper valuation and especially when the auditors have qualified the report.
Quark Enterprises Private Limited Vs ITO
(2022) TaxCorp(LJ) 30136 (ITAT-HYDERABAD) · Section 56(2)(viib)
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The Assessee is not entitled for depreciation on plant & machinery as the assets had not been put to use in its business.
PVP Ventures Ltd. Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30130 (ITAT-CHENNAI)
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Asssessee is directed to show the identity and creditworthiness of the subscribers of the share capital to examine the genuineness of the transaction.
Glowshine Builders & Developers Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 30129 (ITAT-MUMBAI) · Section 68
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Rule 128(9) provides that the statement in Form No. 67 and shall be furnished on or before the due date specified for furnishing the return of income under Section 139(1).
Sonakshi Sinha Vs Commissioner of Income- tax (Appeals), National Faceless Appeal Centre (NFAC)
(2022) TaxCorp(LJ) 30128 (ITAT-MUMBAI)
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