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CIT(A) is required to decide additional ground on merits even through the said ground was earlier rejected by PCIT under revisionary jurisdiction stipulated in Section 264.
Granada Investments & Finance Pvt Ltd (Formerly known as M/s Granada Energy Systems Pvt Ltd) Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30079 (ITAT-MUMBAI)
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Serum Institute is eligible for deduction under Section 10AA on sale of vaccine to UNICEF in India, despite not being exported out of India.
Serum Institute Of India Ltd Vs DCIT
(2022) TaxCorp(LJ) 30071 (ITAT-PUNE) · Section 10AA
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All notices proposing to initiate any proceedings against the company in relation to the period prior to the CIRP Commencement Date and pending on that date, shall be considered non-est in law.
Raj Rayon Industries Ltd Vs PCIT-3
(2022) TaxCorp(LJ) 30070 (ITAT-MUMBAI)
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The alienation of the property by an assessee shall not be void if made for adequate consideration and without priorly receiving any notice from the Revenue about the pendency of the assessment proceedings or notice of any tax liability.
Pradeep Alexander Vs The Tax Recovery Officer
(2022) TaxCorp(LJ) 30069 (HC-MADRAS)
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Revenue is liable to pay refund of Rs.21.48 Lacs to Assessee along with the applicable interest and allows Assessee’s petition.
M. Tech Holdings PTE Limited Vs THE ASSISTANT DIRECTOR OF INCOME TAX
(2022) TaxCorp(LJ) 30062 (HC-KARNATKATA)
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Statements recorded during the course of search cannot be used on a standalone basis to make additions in the post-search assessments.
Nilesh M. Agrawal Vs DCIT
(2022) TaxCorp(LJ) 30061 (ITAT-MUMBAI) · Section 132(4)
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Since the Assessee had understated the profit for the relevant AY, the net gain of Rs.4.05 Cr was to be charged and brought to tax under Section 115JB.
Nikhil Refineries Pvt. Limited Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30054 (ITAT-HYDERABAD)
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No disallowances under Section 36(1)(va) can be made on account of delayed payment of PF and ESIC, if such payments are made before the due date of filing of the return.
Ramky Energy and Environment Limited Vs DCIT
(2022) TaxCorp(LJ) 30047 (ITAT-DELHI) · Section 80-IA
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If Assessee succeeds in the SLP filed before the SC, it will be entitled to apply for compounding of the offences for the said AYs.
Viraj Exports Private Limited & Anr Vs THE CHIEF COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30046 (HC-DELHI)
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No disallowance under Section 40A(3) can be made where seller of agricultural land insisted on payment in cash and deletes the addition.
Geo Connect Ltd. Vs DCIT
(2022) TaxCorp(LJ) 30045 (ITAT-DELHI) · Section 40A(3)
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Due to non-submission of details by Assessee after issuing show cause by competent authority and non compliance of notice under Section 142(1), addition is made on the basis of documents found from the premises which is also accepted by the Assessee during search.
Gordhanbhai L. Talavia Vs D.C.I.T.
(2022) TaxCorp(LJ) 30044 (ITAT-SURAT)
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If any issue had not been considered and decided by the First Appellate Authority, then on such matters, the CIT has powers to exercise revisionary jurisdiction under section 263.
Brocade Communications Systems Pvt. Ltd Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 30043 (ITAT-BANGALORE) · Section 263
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Revenue is directed to pass fresh order under Section 148A(d) considering the response of the Assessee within six weeks.
Mahashian Di Hatti Pvt. Limited Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30042 (HC-DELHI)
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Provision of Section 68 cannot be invoked where share subscription transaction are channeled through bank and wherein the identity and creditworthiness is established.
Sejima Texyarn Pvt Ltd Vs ITO
(2022) TaxCorp(LJ) 30041 (ITAT-MUMBAI) · Section 68
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Section 269SS prior to Finance Act 2015 amendment applies to loans and deposits but does not apply to the advance received as the said amendment is not retrospective in nature.
Ruhil Developers Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 30040 (ITAT-DELHI) · Sections 269SS, 271D
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Non disposal of application for registration within the period of 6 months as stipulated under Section 12AA(2) will not result in a deemed grant of registration.
Raghuraji Devi Foundation Trust Vs The Commissioner Of Income Tax
(2022) TaxCorp(LJ) 30039 (HC-ALLAHABAD) · Section 12AA
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Parties would be entitled to raise all pleas and contentions including reliance on the judgment in the case of Engineering Analysis and the contention of the Revenue that notwithstanding the said judgment, the payments would be covered under the head Royalty etc.
Infosys Technologies Ltd.ETC Vs THE COMMISSIONER OF INCOME TAX & ANR.
(2022) TaxCorp(LJ) 30038 (SC)
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For rectification of errors statutory remedy exists in law.
Anshul Jain Vs PRINCIPAL COMMISSIONER OF INCOME TAX & ANR.
(2022) TaxCorp(LJ) 30031 (SC)
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Service tax collected by service providers is not the income of the service provider since service provider acts as a collecting agency for the Government for collection of service tax.
Cathay Pacific airways Limited Vs Assistant Commissioner of Income Tax (IT)
(2022) TaxCorp(LJ) 30030 (ITAT-KOLKATA) · Section 44BBA
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ITAT is justified in scrutinising the materials on record and since ITAT finding is entirely factual, no substantial question of law arises therefrom.
Linde India Ltd Vs PRINCIPAL COMMISSIONER OF INCOME TAX-4
(2022) TaxCorp(LJ) 30024 (HC-CALCUTTA)
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