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The reason recorded by non jurisdictional Assessing Officer cannot give jurisdiction to the present Assessing Officer.
G.K. Business Centre (P) Ltd. Vs ITO
(2022) TaxCorp(LJ) 29603 (ITAT-DELHI)
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The amount transferred by the domestic broker as reinsurance premium to the correspondent overseas broker is not the income of the overseas broker therefore, no tax is required to be deducted at source for such remittances.
International Reinsurance and Insurance Consultancy & Broking Services Pvt. Ltd Vs ITO(IT)-2(2)(2)
(2022) TaxCorp(LJ) 29595 (ITAT-MUMBAI)
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Expenditure incurred in ordinary course of business on upgradation, improvement, removal of glitches of existing or already developed software to improve its product is to be treated as revenue expenditure.
Claridge Hotels Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29594 (ITAT-DELHI)
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Payment made for discharge of punishment for violation of prohibited acts and/or restriction(s) imposed under the provisions of law, cannot be considered as compensatory in nature and sustains the addition.
Akshay Khetterpal Vs ACIT
(2022) TaxCorp(LJ) 29593 (ITAT-DELHI) · Section 37(1)
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The demand shall remain in abeyance till the disposal of the appeal scheduled for hearing on March 31, 2021.
India Power Corporation Limited & Anr Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29592 (SC)
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The assessee had given loans to other educational society having similar objects, whose President was the brother of the assessee trust, and thus would not amount to an investment or a deposit attracting Sec. 13(1)(d).
Society of Daughters of Mary Immaculate & Collaborators Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29591 (HC-MADRAS)
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Addition made on the basis of investigation report without further corroboration on the basis of cogent material does not justify the revenue's conclusion that the transaction is bogus.
Uma Shanker Dhandhania Vs Income Tax Officer
(2022) TaxCorp(LJ) 29590 (ITAT-LUCKNOW)
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Assessment proceedings are vitiated owing to non-service of notice u/s 143(2) within the period of limitation by the AO having jurisdiction over the case of the assessee.
Reeta Singhal Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29589 (ITAT-DELHI) · Section 143(2)
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Exception provided in the circular would apply only in respect of quantum assessment proceeding and same cannot be made applicable for penalty proceedings.
Shankheshwar Real Estate Company Vs ACIT
(2022) TaxCorp(LJ) 29588 (ITAT-MUMBAI)
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While the matter is stood over to 28.07.2021, revenue is directed to pay, not only the cost imposed by the Registrar, vide order dated 17.10.2019, but also pay an additional cost of Rs.15,000/- to the petitioner.
Discovery Communications India Vs ADDL. COMMISSIONER OFINCOME TAX
(2022) TaxCorp(LJ) 29587 (ITAT-DELHI)
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If assessee has b/fd loss not set off against profits, eligible profits u/s 80IA would be determined after setting off the business loss/ unabsorbed depreciation in the year the deduction is claimed.
Petronet LNG Ltd Vs DCIT
(2022) TaxCorp(LJ) 29586 (ITAT-DELHI) · Section 80IA
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Once the Rule 8D has been made applicable, the disallowance is automatic and there is no option left with the Assessing Officer except to estimate the disallowance as per rules.
NESTLE R & D, Centre India Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29585 (ITAT-DELHI) · Section 14A
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The decision rendered by co-ordinate bench for AY 2014-15 for all three appeals shall apply mutatis mutandis to this AY also.
Sir Dorabji Tata Trust Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29584 (ITAT-MUMBAI)
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Revenue had decided the issue of beneficial ownership of interest only on the basis of information of assets and liabilities provided in the return of income which was mistakenly reported by assessee as Nil.
Betoking Ltd Vs ACIT
(2022) TaxCorp(LJ) 29583 (ITAT-DELHI)
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Right to receive interest on government and other securities arises on due date only, which falls after the accounting year and accordingly, it cannot be taxed in the accounting year itself.
STATE BANK OF INDIA Vs ACIT
(2022) TaxCorp(LJ) 29576 (ITAT-MUMBAI)
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Assessee is unable to establish that there was any contract for actual delivery of goods and, therefore, the condition precedent u/s 43(5)(a) is not satisfied.
Agarwal Industries Pvt Ltd Vs Dy. Commissioner of Income-tax
(2022) TaxCorp(LJ) 29575 (ITAT-HYDERABAD)
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Notice issued by the revenue is bad in law if it did not specify under which limb of section 271(1)(c).
FCI Asia Pte Ltd Vs DCIT
(2022) TaxCorp(LJ) 29574 (ITAT-DELHI) · Section 271(1)(c)
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To make a claim u/s 80IA, assessee is simply required to file RoI u/s 139(1).
Delhi MSW Solutions Ltd Vs Dy.CIT
(2022) TaxCorp(LJ) 29573 (ITAT-HYDERABAD) · Section 80IA
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Any expense or allowance shall not be allowed from the income assessed u/s 69 but, this Section does not indicate that set off of brought forward business losses shall not be allowed from income assessed u/s 69 for the purpose of calculating tax u/s 115BBE.
ACE Infracity Developers P. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29572 (ITAT-DELHI) · Section 115BBE
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As soon as insolvency proceedings commenced under IBC 2016, all litigations are to be pursued by IRP and not by the company.
Three C Shelters P. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29571 (ITAT-DELHI)
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