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Where two reasonable constructions of a taxing provisions are possible then construction which favours the assessee must be adopted.
GE BE Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29184 (ITAT-BANGALORE)
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In absence of any allegation having been duly proved or established, the imposition of penalty was unwarranted.
Radha Raman Tripathy Vs THE CPIO O/O THE DIRECTORATE GENERAL OF INCOME TAX
(2022) TaxCorp(LJ) 29183 (HC-DELHI)
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There was no failure on the Assessee’s part to disclose material facts.
Rita Rajkumar Singh Vs Asistant Commisioner of Income Tax
(2022) TaxCorp(LJ) 29182 (HC-BOMBAY)
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It is futile to contend that the income of the appellant/ Authority is the income of State Government, even though the Authority is constituted under an Act enacted by the State Legislature by issuance of a Notification by the Government thereunder.
Mussoorie Dehradun Development Authority Vs Additional Commissioner of Income Tax
(2022) TaxCorp(LJ) 29181 (HC-UTTARAKHAND)
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There was no requirement to deduct tax at source on the commission.
Sutherland Global Services Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29180 (ITAT-CHENNAI)
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It was nowhere disputed by the lower authorities that the transactions of trading in commodity derivatives was chargeable to commodities transaction tax and thus, all requirement of clause (e) to first proviso to Section 43(5) were met.
Ramesh Verma Vs The ACIT
(2022) TaxCorp(LJ) 29179 (ITAT-LUCKNOW)
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The Assessee’s understanding of legal position, even though bona fide is incorrect.
Desmond Savio Theodore Fernandes Vs Income Tax Officer
(2022) TaxCorp(LJ) 29178 (ITAT-MUMBAI) · Sections 270A, 246A(1)(q)
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The power of compounding of offences is a quasi-judicial power, as it definitely entails a judicial element/function and the discretion in compounding is not unfettered.
SKA Infrastructure Pvt. Ltd Vs UNION OF INDIA & ANR
(2022) TaxCorp(LJ) 29177 (HC-DELHI)
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Assessee was not entitled to exemption of profits from turnover of the new unit since approval for the same was granted subsequently.
Quick start Resource Management India Pvt. Ltd Vs The Dy. CIT
(2022) TaxCorp(LJ) 29176 (ITAT-AHMEDABAD)
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Prima facie case for reopening cannot be struck down by going into the sufficiency and correctness of the material relied on by the assessing authority.
Balwinder Singh Vs The ITO
(2022) TaxCorp(LJ) 29175 (ITAT-CHANDIGARH)
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It could not be said that contractors were agents of the Assessee for provision of labour and that Assessee paid to the contractors on principal-to-principal basis and no agency of any sort was involved in the transaction.
Shree Buildcon & Associates Vs JCIT
(2022) TaxCorp(LJ) 29174 (ITAT-PUNE)
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Deduction under Section 80-IC is not available in computation of book profits under Section 115JB.
Chheda Electricals and Electronics Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29173 (ITAT-PUNE) · Section 80-IC
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When an appeal of the Assessee is pending and the same is not disposed of for the reasons beyond his control, the recovery of demand pending appeal will be an act in terrorem.
Rajendra Kumar Chand Vs High Court Rajasthan
(2022) TaxCorp(LJ) 29172 (HC-RAJASTHAN)
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Even if the expenditure does not result in creation of any successful software product/application/tool etc., considering the business nature of the assessee, those expenses shall constitute revenue expenditure in the hands of the assessee.
Wipro Limited Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 29171 (ITAT-BANGALORE)
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If one more opportunity is granted to Assessee and the compounding of offence is permitted, no prejudice would cause to the Revenue.
Nasiruddin Vs PRINCIPAL DIRECTOR OF INCOME TAX
(2022) TaxCorp(LJ) 29156 (HC-KARNATKATA)
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The assessing officer acted in great haste and virtually reduced the procedure under the amended provision to a nullity.
R N Fashion Vs UNION OF INDIA AND ORS.
(2022) TaxCorp(LJ) 29155 (HC-CALCUTTA) · Section 148A(a)
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The Assessee shall fully co-operate in the proceedings without any demur and shall furnish the evidences/documents etc. as called for expeditiously.
Vavasi Telegence P. Ltd Vs ITO
(2022) TaxCorp(LJ) 29154 (ITAT-DELHI)
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Notices issued on or after Apr 1, 2021 under the erstwhile Section 148 were to be treated as notices under Section 148A(b) of the amended provisions.
Ajay Bhandari Vs Union Of India And 3 Others
(2022) TaxCorp(LJ) 29147 (HC-ALLAHABAD) · Section 148
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The legislature in its wisdom has thought about this discrimination and has vide the Finance (No. 2) Act, 2019 has extended the benefit of the proviso to Section 201(1) even to the non-residents.
Shree Balaji Concepts Vs Income-tax officer
(2022) TaxCorp(LJ) 29146 (ITAT-PANAJI) · Section 201(1)
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The legislature in its wisdom has thought about this discrimination and has vide the Finance (No. 2) Act, 2019 has extended the benefit of the proviso to Section 201(1) even to the non-residents.
Grasim Industries Limited Vs JCIT(OSD)-Central
(2022) TaxCorp(LJ) 29139 (ITAT-MUMBAI)
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