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Where a new claim is made because of a change in accounting policy, albeit in a fresh return, and given up because the law, as declared, did not permit such a claim, in such circumstances, initiation of penalty proceedings against the assessee, in our view, is not mandated in law.
Taneja Developers And Infrastructuere Ltd Vs THE PR. COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29312 (HC-DELHI) · Section 271(1)(c)
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While interpreting international treaties the rules of interpretation that apply to domestic or municipal law need not be applied, for the reason, that international treaties are negotiated by diplomats and not necessarily by men instructed in the law.
Concentrix Services Netherlands B.V. and Optum Global Solutions International BV Vs INCOME TAX OFFICER (TDS) AND ANR.
(2022) TaxCorp(LJ) 29311 (HC-DELHI)
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The order passed by the ITSC u/s 245D(4) even de hors the filing of return u/s 139 is an order passed under other proceeding under this Act for the purposes of section 240 and the amount of TDS is a component of the amount of taxes already paid in terms of section 199.
North American Coal Corporation India Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29310 (ITAT-PUNE)
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In view the fact that material on the basis of which order has been passed was not furnished to the appellant at any point, the order passed by Tribunal is certainly violative of principles of natural justice and fair play.
Google India Private Ltd Vs THE COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29309 (HC-KARNATKATA)
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The acknowledgement email sent on January 22, 2021 stated for issue of intimation u/s 143(1) and not u/s 245 and thus, no intimation was sent to the Assessee u/s 245 as required by law.
Tata Communications Ltd Vs Union of India
(2022) TaxCorp(LJ) 29308 (HC-BOMBAY) · Section 245
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It is difficult to comprehend the applicability of Rule 27 as the new grounds of appeal are not pure legal issues but mixed question of facts and law.
Emami Agrotech Limited Vs DCIT
(2022) TaxCorp(LJ) 29307 (ITAT-KOLKATA)
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Since the assessee was registered as a society, it was eligible for exemption u/s 10(23C)(vi).
Rainbow International Society for Education(RISE) Vs The CIT
(2022) TaxCorp(LJ) 29306 (ITAT-CHANDIGARH) · Section 10(23C)(vi)
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The Revenue had mentioned incorrect address in the body of the assessment order itself, mitigating further the claim of the Revenue.
Late Pankaj Shantilal Shah (through L/heir Mrs. Bharti Pankaj Shah) Vs Income Tax Officer
(2022) TaxCorp(LJ) 29305 (ITAT-MUMBAI)
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Receipt against transfer of rights need not be essentially capital gain. It can be Royalty.
Bosch Ltd. Vs The DCIT
(2022) TaxCorp(LJ) 29304 (ITAT-BANGALORE)
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Where the Assessee has exercised its right under Section 172(7) by filing his return of income for the entire year then it ought to be assessed on the return of income so filed as per the normal provisions, taking note of all benefits and exemptions available.
Interocean Shipping (India) Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29303 (ITAT-RAJKOT) · Section 172(7)
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The commission amounts which were earned by the non-resident assessees for services rendered outside India cannot, therefore, be deemed to be incomes which have either accrued or arisen in India.
Credit Suisse (Singapore) Ltd. Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29302 (ITAT-MUMBAI)
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The time limit prescribed in clauses (i) & (ii) of Section 201(3) pertain to default for failure to deduct full or any part of the tax from the person resident in India, however the section does not prescribe in any explicit terms, any timeline in respect of non-residents.
Sutherland Global Services Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29301 (ITAT-CHENNAI)
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DDT is a 'tax payable on the distribution of dividend' and it is in no way connected to the determination of 'total income'.
Texas Instruments (India) P. Ltd. Vs JCIT
(2022) TaxCorp(LJ) 29300 (ITAT-BANGALORE)
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Since the assessee received inputs from its customers, it was not engaged in original work, to be characterized either as ‘computer software’ or as a ‘IT enabled service provider under engineering and design’.
Marmon Food and Beverage Technologies India (P) Ltd Vs THE INCOME TAX OFFICER
(2022) TaxCorp(LJ) 29293 (HC-KARNATKATA)
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The interest received on compensation to the assessee is nothing but a capital receipt and the addition is against the law.
Nariender Kumar Vs ITO
(2022) TaxCorp(LJ) 29292 (ITAT-DELHI) · Section 56(2)(viii)
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If a claim is otherwise sustainable in law, then the appellate authorities are empowered to entertain the same.
International Tractors Ltd Vs DY. COMMISSIONER OF INCOME TAX (LTU) & ANR.
(2022) TaxCorp(LJ) 29291 (HC-DELHI)
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Interest u/s 201(1A) does not assume the character of business expenditure and also cannot be regarded as compensatory payment.
New Modern Bazaar Departmental Store Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 29290 (ITAT-DELHI) · Section 37(1)
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If there is a benefit conferred by legislation, the said benefit being legislative object, there would be a presumption that such a legislation would operate with retrospective effect by giving a purposive construction.
Texas Instruments India Pvt. Ltd Vs THE COMMISSIONER OF INCOME-TAX
(2022) TaxCorp(LJ) 29289 (HC-KARNATKATA) · Section 80JJAA
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Capital losses incurred from capital market transactions shall be construed as income accruing or arising from transactions undertaken in India falling within Sec. 5 and eligible to be carried forward to subsequent years.
Goldman Sachs India Investments (Singapore) PTE Limited The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29288 (ITAT-MUMBAI)
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Assessee's failed to fully and truly disclose material facts in relation to expenses incurred relatable to tax free income u/s 14A, hence reopening is justified.
Nisha Diamonds Private Limited Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 29287 (HC-GUJARAT)
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