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Landmark Rulings

Direct Tax landmark rulings

15,824 rulings

  1. ITAT Mumbai · 09 Jul 2022
    Receipt on sale of carbon credit shall be a capital receipt and not a business receipt or income.

    Essel Mining & Industries Limited Vs Dy. CIT

    (2022) TaxCorp(LJ) 29643 (ITAT-MUMBAI)

  2. ITAT Mumbai · 09 Jul 2022
    In terms of Section 176, no proceedings could be initiated against the Assessee including the proceedings before the ITAT since IBC has overriding effect over all the laws including the Income-tax Act.

    Mahavir Roads & Infrastructure Pvt. Ltd Vs DCIT

    (2022) TaxCorp(LJ) 29642 (ITAT-MUMBAI)

  3. ITAT Mumbai · 07 Jul 2022
    The method adopted by Assessee is just and proper in accordance with Rule 115.

    Anurag Chandra Vs National Faceless Appeal Centre

    (2022) TaxCorp(LJ) 29641 (ITAT-MUMBAI)

  4. Calcutta High Court · 07 Jul 2022
    When an expenditure is incurred for which payment is not made in cash or monetary terms, Section 40A(3) would have no application.

    Bhartiya Hotels Ltd Vs COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29640 (HC-CALCUTTA) · Section 40A(3)

  5. ITAT Gauhati · 07 Jul 2022
    If the expenditure has not been incurred for the purpose of earning of taxable income, that cannot be allowed irrespective of the fact that any exempt income has been earned or not by incurring such expenditure.

    Williamson Financial Services Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29639 (ITAT-GAUHATI) · Section 14A

  6. ITAT Chennai · 09 Jul 2022
    Appeals filed by the Revenue is covered under CBDT Circular No. 3/2018 without any exception as provided under clause 10(a) of the said circular and thus, appeals filed by the Revenue in all these cases are not maintainable.

    Madurai District Central Cooperative Bank Ltd Vs The Income Tax Officer

    (2022) TaxCorp(LJ) 29638 (ITAT-CHENNAI)

  7. Allahabad High Court · 06 Jul 2022
    The Revenue has power to assess not only the undisclosed income, which was found during the search operation but also with regard to the material that was available at the time of the original assessment.

    Shri Mehndipur Balaji Vs Pr Commissioner Of Income Tax

    (2022) TaxCorp(LJ) 29631 (HC-ALLAHABAD)

  8. ITAT Kolkata · 06 Jul 2022
    Provisions of section 56(2)(viib) apply to conversion of completely convertible debentures into equity shares.

    Milk Mantra Dairy Pvt. Ltd Vs DCIT

    (2022) TaxCorp(LJ) 29630 (ITAT-KOLKATA) · Section 56(2)(viib)

  9. Bombay High Court · 05 Jul 2022
    The bottles and crates used for bottling the soft drinks manufactured by the assessee fall within the definition of Plant contained in section 43(3).

    Parle Bisleri Private Limited Vs The Deputy Commissioner of Income-Tax

    (2022) TaxCorp(LJ) 29625 (HC-BOMBAY)

  10. ITAT Pune · 05 Jul 2022
    CIT(A) order granting the benefit of set-off of brought forward business losses to assessee is perfunctory and without looking into the objects behind the enactment of provisions of section 72A which renders the order illegal and unreasonable.

    Cummins Sales & Services (I) Ltd. (Formerly known as Cummins Diesels Sales & Services Ltd.) Vs DCIT

    (2022) TaxCorp(LJ) 29624 (ITAT-PUNE)

  11. ITAT Mumbai · 02 Jun 2021
    A mistake apparent from record shall be an obvious and patent one and not which needs a long-drawn process of reasoning with conceivably two opinions and an order on a debatable point of law is not a mistake apparent from the record.

    Intelenet Global Services Pvt. Ltd Vs ACIT

    (2022) TaxCorp(LJ) 29621 (ITAT-MUMBAI)

  12. ITAT Mumbai · 01 Jun 2021
    Prize winnings from lotteries would get taxed u/s 2(24)(ix) r/w Sec. 56(2)(ib) in the hands of a consumer who is just holding the lottery ticket and participates in the draw and not on the dealer of lottery tickets.

    Pooja Marketing Vs Pr. CIT-31

    (2022) TaxCorp(LJ) 29620 (ITAT-MUMBAI) · Sections 71, 115BB

  13. ITAT Mumbai · 01 Jun 2021
    Merely because a particular receipt, which is in the capital field, had been offered to tax by the assessee voluntarily in the return of income while computing book profits u/s 115JB of the Act, it cannot be brought to tax merely on that ground.

    Batliboi Limited Vs Dy.CIT

    (2022) TaxCorp(LJ) 29619 (ITAT-MUMBAI)

  14. Aar High Court · 07 May 2021
    In the absence of declaration of applicant that receipt of offshore services were not offered to tax, a specific question is respect of offshore services cannot be raised.

    Whessoe Engineering Limited Vs CIT (IT)

    (2022) TaxCorp(LJ) 29618 (HC-AAR) · Sections 245R(2), 142(1)

  15. ITAT Mumbai · 26 Feb 2021
    Revenue is directed to maintain status quo on adjustment of pending refunds against outstanding demand in the interim.

    Tata Steel Limited Vs ACIT

    (2022) TaxCorp(LJ) 29617 (ITAT-MUMBAI)

  16. ITAT Mumbai · 26 Feb 2021
    Taking into consideration the above factual position in the present case, we grant the extension of stay of demand for a further period of 180 days from the date of this order or till the disposal of present appeal, whichever is earlier.

    Sony Pictures Networks India Private Limited Vs Asstt. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29616 (ITAT-MUMBAI)

  17. ITAT Delhi · 26 Feb 2021
    If the assessee could not furnish the evidences during the assessment proceedings then it does not preclude the assessee to furnish those evidences to substantiate its claim during the course of penalty.

    Giesecke & Dverient India Pvt. Ltd Vs DCIT

    (2022) TaxCorp(LJ) 29615 (ITAT-DELHI) · Section 271(1)(c)

  18. ITAT Bangalore · 26 Feb 2021
    Where only money value of partner’s interest in the firm is paid and no specific asset is distributed to the outgoing partner, section 45(4) is not applicable.

    M/s. Thirumala Rice Industries Vs Asst. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 29614 (ITAT-BANGALORE) · Section 45(4)

  19. ITAT Bangalore · 25 Feb 2021
    The moment an officer ceases to hold his office he becomes functus officio.

    GMR Energy Limited Vs DCIT

    (2022) TaxCorp(LJ) 29613 (ITAT-BANGALORE)

  20. ITAT Chennai · 19 Feb 2021
    U/s 292C documents found in possession of person is presumed to belong to such person.

    Raju P. Mehta Vs The DCIT

    (2022) TaxCorp(LJ) 29612 (ITAT-CHENNAI)

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