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Landmark Rulings

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15,819 rulings

  1. ITAT Chennai · 10 Aug 2022
    Assessee could not substantiate or produce any evidence to correlate the expenses and thus disallowance is confirmed.

    VVV & Sons Edible Oils Ltd Vs The ACIT

    (2022) TaxCorp(LJ) 29864 (ITAT-CHENNAI)

  2. Delhi High Court · 10 Aug 2022
    If an adverse order is passed by PCIT then no effect shall be given for one week from the date of service of the order.

    China Construction Sausum India Pvt. Ltd Vs DEPUTY COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29863 (HC-DELHI)

  3. Karnataka High Court · 09 Aug 2022
    The appeals are non-maintainable on the basis that the impugned orders were order of discharge which could only be subjected to revisionary proceedings under Section 397(1) of Cr.P.C.

    Lokmanya Multipurpose Co-Op Society Ltd Vs THE INCOME TAX DEPARTMENT

    (2022) TaxCorp(LJ) 29855 (HC-KARNATKATA) · Section 276CC

  4. ITAT Mumbai · 09 Aug 2022
    There is tax treaty existing between India and Switzerland, MAT provisions cannot apply where tax treaty is invoked as the provisions of Section 115JB are only subordinate to Section 90(2).

    Credit Suisse AG Vs ACIT(IT)

    (2022) TaxCorp(LJ) 29854 (ITAT-MUMBAI)

  5. Allahabad High Court · 08 Aug 2022
    The prevailing situation of arbitrary approach and breach of principles of natural justice may not only adversely affect the assessees but also may develop a perception amongst the people that it is difficult to get justice from the authorities in statutory proceedings.

    Nabco Products Private Limited Vs Union Of India And 2 Others

    (2022) TaxCorp(LJ) 29847 (HC-ALLAHABAD)

  6. Delhi High Court · 08 Aug 2022
    The amendment to Section 36(1)(va) made by the Finance Act, 2021 with respect to disallowance of PF contribution deposited beyond the due date, cannot be presumed to be retrospective.

    TV Today Network Ltd Vs PR. COMMISSIONER OF INCOME TAX -7

    (2022) TaxCorp(LJ) 29846 (HC-DELHI) · Section 36(1)(va)

  7. Allahabad High Court · 06 Aug 2022
    No substantial question of law is involved in the impugned order.

    Jubilant Foodworks Ltd Vs The Pr. Commissioner Of Income Tax

    (2022) TaxCorp(LJ) 29841 (HC-ALLAHABAD)

  8. ITAT Mumbai · 06 Aug 2022
    Mere fact of an Assessee’s offering an income to tax in an earlier year cannot be the reason enough to negate his otherwise lawful claim of non-taxability.

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

    (2022) TaxCorp(LJ) 29840 (ITAT-MUMBAI)

  9. Delhi High Court · 06 Aug 2022
    Scrutiny assessment of VFSPL was completed without making any addition and was concluded even prior to the issuance of the notice under Section 148A(d) to the Assessee.

    South Asian Stocks Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29839 (HC-DELHI)

  10. Delhi High Court · 06 Aug 2022
    The report which forms the basis of opinion that Assessee has shown bogus purchases from bogus entities to suppress the profit and reduce the tax liability were not provided to the Assessee which violates the principles of natural justice.

    Best Buildwell Private Limited Vs INCOME TAX OFFICER

    (2022) TaxCorp(LJ) 29838 (HC-DELHI) · Section 148A(d)

  11. ITAT Delhi · 06 Aug 2022
    The penalty order under Section 271(1)(c) was passed on April 26, 2018, which is much beyond the period of limitation of six months from receipt of ITAT order by the authorities as prescribed under Section 275(1).

    CFM Materials PL (earlier known as GE, Aviation Materials LP) Vs DCIT

    (2022) TaxCorp(LJ) 29837 (ITAT-DELHI)

  12. ITAT Delhi · 06 Aug 2022
    Once the amount received by the assessee does not fall within the definition of FTS under section 9(1)(vii) of the Act, by default, section 44DD would not apply to such payment.

    Technip France SAS Vs DCIT

    (2022) TaxCorp(LJ) 29836 (ITAT-DELHI) · Section 44BB

  13. ITAT Bangalore · 06 Aug 2022
    Merely expenses for construction of building incurred in cash alone cannot be ground to hold that those expenses are related to non-specific purpose even when Revenue did not dispute the construction of building.

    Gokula Education Foundation – Medical Vs The Additional Director of Income Tax

    (2022) TaxCorp(LJ) 29835 (ITAT-BANGALORE) · Section 11

  14. ITAT Ahmedabad · 05 Aug 2022
    No TDS liability under Section 195 arose on payments made to University of Texas, USA for carrying out research activity.

    Oil and Natural Gas Corporation Limited Vs Income Tax Officer-2

    (2022) TaxCorp(LJ) 29829 (ITAT-AHMEDABAD)

  15. ITAT Mumbai · 05 Aug 2022
    Applicability of Section 50 is limited for working out the cost of acquisition under Sections 48 and 49 for the depreciable asset but the capital gain has to be treated as long term capital gain if the period of holding is more than 3 years.

    Reliance Transport & Travels Pvt. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29828 (ITAT-MUMBAI)

  16. Madras High Court · 05 Aug 2022
    The time-limit for filing appeal would start running only from the the date of receipt of the order and not the date of order and any other interpretation would result in incongruity and absurdity and ought to be avoided.

    Anuttam Academic Institutions Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29827 (HC-MADRAS)

  17. Delhi High Court · 04 Aug 2022
    Section 206AA cannot override the provisions of India-Netherland DTAA.

    Air India Ltd Vs COMMISSIONER OF INCOME TAX INTERNATIONAL

    (2022) TaxCorp(LJ) 29821 (HC-DELHI) · Section 206AA

  18. ITAT Bangalore · 04 Aug 2022
    The additional depreciation is allowable under Section 32(1)(iia) for assets acquired during the prior period and installed during the relevant financial year.

    Bosch Limited Vs The Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29820 (ITAT-BANGALORE) · Section 32AC

  19. ITAT Mumbai · 04 Aug 2022
    Payments made by Deloitte to its group company in respect of global brand, global communications and global technology/knowledge management is not royalty under Article 12 of India-UK DTAA and thus, not liable for TDS under Section 195.

    Deloitte Haskins & Sells LLP Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29819 (ITAT-MUMBAI)

  20. ITAT Bangalore · 03 Aug 2022
    Property developer is not liable for deducting tax at source under Section 194A on payment of subvention charges or pre-EMI charges to housing finance company on behalf of buyer.

    Ozone Urbana Infra Developers Pvt. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29812 (ITAT-BANGALORE)

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