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Assessee has not paid any amount or expressed any willingness to pay 20% of outstanding demand of taxes subject to which stay can be granted as per section amended proviso to Sec.254(2A).
Smt.Yashoda Gundavarapu R.R. Dt. Vs ITO
(2022) TaxCorp(LJ) 29570 (ITAT-HYDERABAD) · Section 254(2A)
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The allegation that some flats were sold at higher rate is vague and general in nature without bringing on record cogent material.
Shivji Amba Gami Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 29569 (ITAT-MUMBAI)
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Since the quantum addition is deleted by the Tribunal, there is no question of levying of any penalty.
Mahindra Electric Vehicles Ltd Vs JCIT
(2022) TaxCorp(LJ) 29568 (ITAT-BANGALORE) · Section 271(1)(c)
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Foreign allowances received by assessee-individual in respect of services performed in Netherlands during AY 2014-15 cannot be taxed in India.
Venkata Rama Rao Vs ITO
(2022) TaxCorp(LJ) 29567 (ITAT-HYDERABAD) · Section 5(2)
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Merely because the explanation furnished by Assessee’s brothers about the creditworthiness for the money advanced to the Assessee was found to be unacceptable to Revenue, it cannot be the reasons to disbelieve the explanation given by the Assessee.
Maruti Nivrutti Navale Vs DCIT
(2022) TaxCorp(LJ) 29566 (ITAT-PUNE) · Section 69A
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The Assessee cannot claim that she was ignorant of law and because of her ignorance, she could not file appeal against the order of the PCIT.
Preeti Madhok Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29565 (ITAT-CHENNAI)
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DDT was paid in time, however, owing to inadvertent mistake in filling the challan, Assessee cannot be denied its vested right to credit of the DDT amount deposited within due date.
Strategic Infosystems Pvt Ltd Vs DCIT
(2022) TaxCorp(LJ) 29564 (ITAT-AHMEDABAD)
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Once a question of law was admitted by the HC in quantum proceedings, the issue becomes debatable and penalty under Section 271(1)(c) cannot be levied.
Linklaters Vs ADIT (IT)-3 (2)
(2022) TaxCorp(LJ) 29563 (ITAT-MUMBAI)
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When the Assessee is in judicial custody, his address during the period of judicial custody does not change and it cannot be said that the Assessee is absconding.
Narayan Kumar Khaitan Vs ACIT
(2022) TaxCorp(LJ) 29562 (ITAT-CUTTACK)
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It is not in dispute that the Assessee is a resident in India in the instant case and thus the taxability of capital gains is to be determined in accordance with the provisions of the Act.
Prabhukumar Aiyappa Kullatira Vs ITO
(2022) TaxCorp(LJ) 29561 (ITAT-BANGALORE)
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When an opportunity of presenting the case, through the video conferring in the faceless appeal proceedings, is now available to every taxpayer, on-demand, the same must also be held to be admissible in the proceedings, if so demanded by the assessee, in the old rules as well.
Bank of India Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29554 (ITAT-MUMBAI)
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Expenditure on account of purchase of shares issued as ESOP is revenue in nature, thus, allowable under Section 37(1).
Morgan Stanley Advantage Services Pvt. Ltd. Vs Commissioner of Income Tax (Appeals)
(2022) TaxCorp(LJ) 29548 (ITAT-MUMBAI)
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The sixth proviso to Section 32(1) was not applicable in a case where goodwill is recorded pursuant to a merger on the basis of purchase consideration paid, basis valuation report and no goodwill from the books of the transferor is recorded by the transferee.
I&B Seeds Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29541 (ITAT-BANGALORE)
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Profits of offshore supply cannot be said to be attributable to the PE merely because the sale were directly billed to the Indian Customer.
Clough Projects International Pty. Ltd Vs DCIT(IT)-2(1)(1)
(2022) TaxCorp(LJ) 29540 (ITAT-MUMBAI) · Section 44BB
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Interest payment by PE to HO is a payment by a foreign company's Indian PE to the foreign company itself and cannot give rise to any income in the hands of HO.
Shinhan Bank Vs Deputy Director of Income Tax
(2022) TaxCorp(LJ) 29533 (ITAT-MUMBAI) · Section 90(1)
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Merely because the revisionary authority does not agree with the possible view taken by Revenue, the assessment cannot be the subject matter of revision. Therefore, PCIT erred in invoking revision proceedings.
Learning Curve Edutech Solutions Pvt. Ltd Vs PCIT
(2022) TaxCorp(LJ) 29532 (ITAT-MUMBAI)
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IBC provisions cannot be interpreted in a manner inconsistent with any other law in the time being in force and the approved resolution plan cannot impinge the Revenue’s rights to pass any fresh assessment order under Section 148 read with Sections 147 & 143(3).
Dishnet Wireless Limited Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29531 (HC-MADRAS)
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Finding under Section 195 is tentative and even if Revenue orders that no deduction of tax be made, the question of taxability of recipient still remains to be decided.
Flipkart Internet Private Limited Vs THE DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29524 (HC-KARNATKATA)
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Issue of reopening was not decided by the CIT(A) and never raised by the assessee before the ITAT, and thus the same cannot be decided by the ITAT presently under any provisions.
Mahalingam Vs The ACIT
(2022) TaxCorp(LJ) 29523 (ITAT-BANGALORE)
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The issue raised in the petition is that on assessee’s appeal before the ITAT against the CIT(A)’s order, the CIT(A)’s order was set aside, and thus the very foundation of the prosecution against the assessee for alleged wilful default and penalty fails.
A.Latha Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29522 (HC-MADRAS)
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