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The apprehension of coercive measures being employed need to be real and like so that the principle of 'presence of an advocate, at visible, but not audible distance' be applied.
Satyendar Kumar Jain Vs DIRECTORATE OF ENFORCEMENT
(2022) TaxCorp(LJ) 29424 (HC-DELHI)
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Since the loan is repaid by the Assessee in AY 2013-14, therefore addition u/s 68 is being deleted and interest paid is allowable u/s 36(1)(iii).
Talisman Securities Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29423 (ITAT-MUMBAI) · Sections 68, 133(6)
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Under section 244A, interest provided for under the statute can only be claimed by the assessee from the Revenue and no other interest on such statutory interest is payable.
MSM Satellite (Singapore) Pte. Ltd. Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29422 (ITAT-MUMBAI) · Section 244A
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NFAC was not justified in sustaining the addition where, on basis of facts it was demonstrated that assessee had substantial cash sales throughout the year, and the cash sales leading to cash deposit was not just close to the demonetisation period.
Lateef Abdul Mohd. Vs Income Tax Officer
(2022) TaxCorp(LJ) 29421 (ITAT-HYDERABAD) · Section 69A
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Prosecution under Section 276(B) shall not normally be proposed when the amount involved and the period of default is not substantial.
Dev Multicom Private Ltd Vs The State of Jharkhand
(2022) TaxCorp(LJ) 29420 (HC-JHARKHAND)
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Pendency of appeal before HC on eligibility of income for exemption under Section 11 cannot be a reason for PCIT to cancel registration.
Devaraj Urs Educational Trust for Backward Classes Vs Principal CIT (Central)
(2022) TaxCorp(LJ) 29419 (ITAT-BANGALORE) · Section 12A
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Reopening reasons have to be read on standalone basis without any scope of addition, deletion or substitution therein even if supportive material emerges at a later stage.
Sanjay Sadashiv Navale Vs DCIT
(2022) TaxCorp(LJ) 29418 (ITAT-PUNE)
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Where there are two possible views and the Assessing Officer has taken one of the possible views, no action to exercise powers of revision can arise, nor can revisional power be exercised for directing a fuller enquiry to find out if the view taken is erroneous.
Genpact Consulting [Singapore] Pte Ltd Vs The C.I.T
(2022) TaxCorp(LJ) 29417 (ITAT-DELHI)
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Assessing officer can grant deposit orders of a lesser amount than 20% pending appeal without making reference to the administrative Pr.CIT/CIT.
Queen Agencies Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29404 (HC-MADRAS) · Section 220(6)
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By merely transferring funds as unsecured loan or advances towards share capital will not trigger the deeming provision under section 56(2)(viib).
Impact RetailTech Fund Pvt. Ltd Vs ITO -6(2)(4)
(2022) TaxCorp(LJ) 29403 (ITAT-MUMBAI) · Section 56(2)(viib)
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The conclusion of the PCIT that it is necessary to maintain separate books of account is not sustainable.
Virtusa Consulting Services Pvt. Ltd Vs The Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 29402 (HC-MADRAS) · Section 263
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Government is directed to decide on the submissions preferred by the Petitioner w.r.t. amendments creating Faceless ITAT as early as possible and practicable.
Praveen Kumar Bansal Vs MINISTRY OF FINANCE & ORS
(2022) TaxCorp(LJ) 29401 (HC-DELHI)
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The preamble of VsV Act provides for resolution of disputed tax and for matters connected therewith. The emphasis is on disputed tax, not income.
Sadruddin Tejani Vs Income Tax Oficer
(2022) TaxCorp(LJ) 29400 (HC-BOMBAY) · Section 264
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Sec.119(2)(b) does not preclude CBDT from passing a special order in any given case from condoning the delay in filing Form No.10B beyond 365 days despite passing a general order.
Little Angels Education Society Vs Union of India and others
(2022) TaxCorp(LJ) 29399 (HC-BOMBAY)
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It cannot be categorically concluded out the demerger scheme does not constitute, directly or indirectly, distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by the company to its shareholders of all or any part of the assets of the company.
Grasim Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29398 (ITAT-MUMBAI)
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The order passed by Tribunal is bereft of any reasoning and suffers from the vice of non-application of mind. The Tribunal which is a final fact finding authority has to assign reasons in support of its decision.
GMR Sports Pvt. Ltd Vs PR. COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29397 (HC-KARNATKATA)
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Since the provision was either not unworkable nor was inconsistent with other provisions of the Act, therefore applying principle of reading down merely on the basis of hardship or equity are not relevant in the interpretation of the law relating to taxation.
A. Kowsalya Bai Vs UNION OF INDIA
(2022) TaxCorp(LJ) 29396 (HC-KARNATKATA) · Sections 206AA, 139A
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CIT(A) can tax the income which the Revenue had expressly or impliedly held as non-taxable but the CIT(A) cannot tax an item of income whose taxability had not even been considered by the Revenue.
Angel Cement Pvt. Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 29395 (ITAT-DELHI)
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Assessment order on non-existent company was without jurisdiction, liable to be set-aside and participation in the assessment proceedings by assessee would not operate as an estoppel against law.
Teleperformance Global Services Private Limited Vs Assistant Commissioner of Income-tax
(2022) TaxCorp(LJ) 29388 (HC-BOMBAY)
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Claim of assessee to characterize the gain arising on sale of land parcels in question to be chargeable under the head capital gain cannot be dislodged and replaced by business income.
Mohanlal Laljibhai Ghodasara Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29387 (ITAT-RAJKOT)
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