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Landmark Rulings

Direct Tax landmark rulings

15,819 rulings

  1. ITAT Chennai · 27 Jul 2022
    The time at which the residual EIS as receivable by the assessee would become determinate only on the day when the Trust is aware of the amounts determined on each payout date.

    Cholamandalam Investment & Finance Co. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29768 (ITAT-CHENNAI)

  2. ITAT Mumbai · 27 Jul 2022
    In the present case, it is not in dispute that the Assessee has made claim for deduction under Section 80P, hence the provisions of sec. 80A(5) are not applicable to the assessee.

    Meghana Apartment Cooperative Housing Society Ltd Vs ITO-25( 3)( 1)

    (2022) TaxCorp(LJ) 29767 (ITAT-MUMBAI) · Section 80P, 143(1), 80AC

  3. ITAT Mumbai · 27 Jul 2022
    Relaxation provisions must be interpreted in a liberal and non-pedantic manner, and so as to give full effect to the relaxations permitted by the legislature.

    Suminter India Organics Pvt. Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29766 (ITAT-MUMBAI) · Section 115BAA

  4. ITAT Bangalore · 26 Jul 2022
    The cause for the delay in filing the appeal, which could have been avoided by exercise of due care and responsibility, cannot be a sufficient cause within the meaning of the limitation provision.

    Malnad Organics Pvt. Ltd Vs ITO

    (2022) TaxCorp(LJ) 29761 (ITAT-BANGALORE)

  5. Delhi High Court · 26 Jul 2022
    Disputed question of material fact cannot be decided in the writ proceedings and shall be determined in the appellate proceedings.

    Tata Teleservices Limited Vs COMMISSIONER OF INCOME TAX (IT)

    (2022) TaxCorp(LJ) 29760 (HC-DELHI)

  6. ITAT Kolkata · 26 Jul 2022
    The revision order passed under Section 263 is invalid and deemed to have never been issued as it fails to mention DIN in its body or any reason for non-issuance of DIN.

    Tata Medical Centre Trust Vs Commissioner of Income tax

    (2022) TaxCorp(LJ) 29759 (ITAT-KOLKATA)

  7. Rajasthan High Court · 25 Jul 2022
    Revenue is directed to adjudge Petitioner’s claim under Benami Transactions Informants Reward Scheme, 2018 within 6 months from receipt of information in specified format, which was denied citing Petitioner's failure to furnish information in the said format.

    Sharad Pandya Vs Central Board Of Direct Taxes

    (2022) TaxCorp(LJ) 29752 (HC-RAJASTHAN)

  8. ITAT Chennai · 25 Jul 2022
    The expenditures are relating to 2G Spectrum Scam in which the directors and shareholders of the Assessee were accused, thus, it is not incurred wholly and exclusively for the purpose of business.

    Kalaignar TV Pvt. Ltd. Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29751 (ITAT-CHENNAI)

  9. Bombay High Court · 23 Jul 2022
    When the language of a statute is unambiguous and admits of only one meaning, no question of construction of a statute then arises.

    Kumar Builders Consortium Vs The Pr. Commissioner of Income Tax- 4

    (2022) TaxCorp(LJ) 29748 (HC-BOMBAY)

  10. Delhi High Court · 23 Jul 2022
    In cases of short deduction of TDS, disallowance under Section 40(a)(ia) of the Act cannot be made and the correct course of action would have been to invoke Section 201.

    FUTURE FIRST INFO. SERVICES PVT. LTD Vs PR. COMMISSIONER OF INCOME TAX-1

    (2022) TaxCorp(LJ) 29747 (HC-DELHI) · Section 201

  11. Delhi High Court · 23 Jul 2022
    DSIR is statutorily bound to issue the Form 3CL within 120 days in accordance with Rule 6(7A)(ba).

    SRF Ltd Vs UNION OF INDIA & ANR

    (2022) TaxCorp(LJ) 29746 (HC-DELHI)

  12. ITAT Delhi · 23 Jul 2022
    Article 7(3) of India-Spain DTAA is not applicable in this case since nothing was paid by the Assessee to the head office on account of loss and no deduction claimed.

    Cobra Instalaciones Y Services S.A Vs DCIT

    (2022) TaxCorp(LJ) 29745 (ITAT-DELHI)

  13. ITAT Delhi · 23 Jul 2022
    Revenue is directed to grant the deduction under Section 80GGA read with Section 35A as claimed by the Assessee under Chapter VI-A.

    Parijat Trust Vs DCIT

    (2022) TaxCorp(LJ) 29744 (ITAT-DELHI) · Section 11

  14. ITAT Delhi · 23 Jul 2022
    The Assessee is not in default under Section 201(1) and the default interest under Section 201(1A) shall be computed only on professional or technical services fee paid to EdCIL India Ltd. at 20% or 16% or 5% of the grant in aid and not on the whole of grant.

    Department of School Education and Literacy Vs ACIT

    (2022) TaxCorp(LJ) 29743 (ITAT-DELHI) · Section 201(1A)

  15. HP High Court · 22 Jul 2022
    HC- Merely because the respondent had got order from the VAT Authority, did not in itself make the cash sales genuine.

    JMJ Essential Oil Company Vs PR. COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29736 (HC-HP) · Section 271(1)(c)

  16. ITAT Bangalore · 22 Jul 2022
    ITAT- The expenses incurred towards discontinued project of cafeteria and breakout area expansion does not bring any benefit of enduring nature to the Assessee and thus are allowable as revenue expenditure under Section 37.

    Texas Instruments (India) Private Limited Vs The Additional Commissioner of Income-Tax

    (2022) TaxCorp(LJ) 29735 (ITAT-BANGALORE)

  17. Delhi High Court · 22 Jul 2022
    HC- Retrospective provision in a tax act which is for the removal of doubts cannot be presumed to be retrospective.

    ERA Infrastructure (India) Ltd Vs PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2

    (2022) TaxCorp(LJ) 29734 (HC-DELHI)

  18. Calcutta High Court · 21 Jul 2022
    Assessee had discharged the initial burden placed upon him and Revenue failed to further enquire into the matter.

    Sreeleathers. Vs PRINCIPAL COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29728 (HC-CALCUTTA) · Section 68

  19. P&H High Court · 21 Jul 2022
    The time limit to pass the fresh assessment order expired on Mar 31, 2017, thus, fresh order could not be passed in view of the statutory bar.

    BMW India Private Limited Vs Deputy Commissioner of Income Tax ana another

    (2022) TaxCorp(LJ) 29727 (HC-P&H)

  20. Delhi High Court · 21 Jul 2022
    The Revenue wrongly concluded that the Assessee had not disclosed the sale of property and long term capital gain in the ITR which was, in fact, accepted by the Revenue at the time of original assessment.

    Seema Gupta Vs ITO

    (2022) TaxCorp(LJ) 29726 (HC-DELHI)

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