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ITAT - Since the year-end provision created was unquantifiable, failure to deduct tax there on will not attract penalty u/s 271C.
Wipro GE Healthcare Pvt. Ltd Vs The Additional Commissioner of Income Tax, TDS
(2022) TaxCorp(LJ) 29229 (ITAT-BANGALORE) · Section 271C
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Assessee is entitled to stay of demand even though it exceeds the period beyond 365 days as assessee has no fault for the delay in disposal of the pending appeal.
Vodafone Idea Ltd Vs DCIT
(2022) TaxCorp(LJ) 29228 (ITAT-MUMBAI)
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Growing mango fruits and selling the same in South East Asian countries is an agricultural activity.
Prabhu Dhananjayan Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29227 (ITAT-CHENNAI) · Section 10
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Since the assessee has made payment for purchase of another agricultural land and took possession of land therefore he is entitled to take deduction under section 54B.
Suresh Dhulabhai Patel Vs The ITO
(2022) TaxCorp(LJ) 29226 (ITAT-SURAT) · Section 54B, 50C
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When an issue is debatable and if two views can be taken on the issue, then the AO cannot deny beneficial deductions allowed under income-tax provisions to deny deductions by taking one of the views.
Handy Waterbase India Pvt. Ltd Vs The DCIT
(2022) TaxCorp(LJ) 29225 (ITAT-CHENNAI) · Section 10B
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Beneficial DTAA rate shall be applicable over DDT rate specified u/s 115-O.
Indian Oil Petronas Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29224 (ITAT-KOLKATA)
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Revenue’s exercise starts only when these three ingredients are established and the department is required to investigate into the facts presented by the assessee.
Mahalaxmi TMT Pvt. Ltd Vs D.C.I.T.
(2022) TaxCorp(LJ) 29223 (ITAT-PUNE)
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It is the responsibility of the Assessee to intimate the Revenue with respect to any change in his address or in the name and nature of his business on the basis of which the PAN was allotted.
S K Srivastava Vs CENTRAL BOARD OF DIRECT TAXES AND OTHERS
(2022) TaxCorp(LJ) 29216 (HC-DELHI)
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It would not be expedient in the interests of justice to pursue proceedings under the contempt jurisdiction.
Advocate Association Bengaluru Vs Anoop Kumar Mendiratta and Anr
(2022) TaxCorp(LJ) 29215 (SC)
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If the claim of the assessee is legally sustainable and supported by decision of a High Court, the same should not have been disturbed in revision u/s. 263 of the Act.
Piramal Investment Opportunities Fund Vs Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29214 (ITAT-MUMBAI)
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If a request for extension of time is made by the Assessee, the Revenue should duly consider such request keeping in mind the fact that the provision allows Revenue to grant a period of upto 30 days to the Assessee for filing a reply.
Divij Singh Kadan Vs PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29213 (HC-DELHI) · Section 148A(d)
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Bad debts relating to non-rural branches are not required to be adjusted against PBDD allowed under clause (a) of section 36(1)(viia).
The Karnataka Bank Ltd. Vs DCIT
(2022) TaxCorp(LJ) 29212 (ITAT-BANGALORE) · Section 36(1)(vii)
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At the stage of issuing a notice for reassessment, the court has only to see whether there is prima facie some material on the basis of which, the department could re-open the case.
Distributors India Logistics Lko Vs Union Of India
(2022) TaxCorp(LJ) 29211 (HC-ALLAHABAD)
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The scope of assessment under Section 153A with regard to completed assessments is not limited to the incriminating material unearthed during search operation.
Sunshine Infraestate Private Limited Vs The Assistant Commissioner of Income-tax
(2022) TaxCorp(LJ) 29210 (ITAT-ALLAHABAD) · Sections 143(2), 153A
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Since the Assessee is entitled to the benefits of DTAA after having submitted the certificate of tax residency of the payee, the deduction of higher rate of tax under Section 206AA is not applicable on the payments made by the Assessee to non-residents.
Infosys BPO LTD Vs The DCIT
(2022) TaxCorp(LJ) 29203 (ITAT-BANGALORE)
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The interest paid on hedge swap taken for repayment of loan borrowed for the purpose of business is to be allowed as a deduction under Section 36(1)(vii).
Indianoil Skytanking Pvt. Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29202 (ITAT-BANGALORE) · Section 80-IA
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By not considering Assessee’s reply, the mandate of Section 148A(c) was violated, since in terms of usage of the expression shall, it casts a duty on the Revenue to consider Assessee’s response.
First Solar Power India Private Limited Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29201 (HC-DELHI) · Section 148A
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The issue of rectification order under Section 154 which is, whether to levy the interest from date of refund or date of receipt of such refund, is capable of divergent views.
State Bank of India Vs Asstt. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29193 (ITAT-MUMBAI) · Section 234D
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The validity of assessment on corporate death of any entity upon amalgamation cannot be decided on bare application of Section 481 of the Companies Act, 1956.
IRIS Engineering Industries Pvt. Ltd Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29192 (ITAT-CHENNAI)
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Passing of Section 148A(d) order holding Assessee’s case to be fit for reassessment attracts the CBDT’s Instruction and requires action since the order is patently erroneous, grossly illegal, and reflective of abuse of power the Revenue official.
Dharmendra Kumar Singh Vs Union Of India And 2 Others
(2022) TaxCorp(LJ) 29185 (HC-ALLAHABAD) · Section 148A(d)
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