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The payment for providing access to computer software does not amount to royalty.
Gracemac Corporation Vs COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2
(2022) TaxCorp(LJ) 28578 (HC-DELHI)
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There was no iota of evidence or any material information which could remotely prove that Assessee received any money from CMF for any operations in India after AY 2011-12.
Satya Prakash Gupta Vs DCIT
(2022) TaxCorp(LJ) 28577 (ITAT-DELHI)
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Nowhere it was mentioned that the funds received as consideration from sale of original asset must be utilized for the purchase of the new residential house and thus assessee is eligible for benefit under Section 54.
Reji Easow Vs Income Tax Officer
(2022) TaxCorp(LJ) 28576 (ITAT-MUMBAI) · Section 54
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CIT(A) was not justified in sustaining the addition for expenses not claimed as deduction.
Breach Candy Swimming Bath Trust Vs DCIT
(2022) TaxCorp(LJ) 28575 (ITAT-MUMBAI)
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CIT(A)’s observation that assessee’s spouse had meagre income cannot be accepted since her sources for purchase of property were proved and were never doubted.
Abhay Kumar Mittal Vs DCIT
(2022) TaxCorp(LJ) 28574 (ITAT-DELHI)
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Registered shareholder is to be considered the beneficial owner of shares, unless such shares are held in the capacity of a nominee/agent/trustee of the real owner.
WSP Consultants India Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 28573 (ITAT-DELHI)
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No addition can be made in respect of unabated assessments which have become final in absence of any incriminating material found during search.
Vipul Suresh Kumar Modi Vs DCIT
(2022) TaxCorp(LJ) 28572 (ITAT-MUMBAI)
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An ad hoc disallowance of 10% of the total expenses for failure to substantiate the claim in entirety with evidences in the impugned year is highly unjustified and a disallowance of ₹ 5 lacs would be justified.
GUJARAT STATE LAND DEVELOPMENT CORPORATION LIMITED VERSUS DY. COMMISSIONER OF INCOME TAX, GANDHINAGA
(2022) TaxCorp(LJ) 28571 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=96010&Category=ITAT&CategoryType=Zip
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Proper enquiries have not been conducted by the AO and the order thus passed is clearly erroneous and prejudicial to the interest of the Revenue.
ASHWANI MARWAH VERSUS PR. COMMISSIONER OF INCOME TAX, SHIMLA
(2022) TaxCorp(LJ) 28570 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=96011&Category=ITAT&CategoryType=Zip
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We do not find any infirmity in the order of the learned principal Commissioner of income tax in invoking jurisdiction u/s 263 of the income tax act.
ICICI BANK LIMITED VERSUS THE DY. COMMISSIONER OF INCOME-TAX-2 (3) (1) , MUMBAI
(2022) TaxCorp(LJ) 28569 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=96016&Category=ITAT&CategoryType=Zip
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There is no dispute that the assessee has received incentives from the lessors. It is also not in dispute that the assessee has amortized in the profit and loss account only ₹ 34,05,526/- and balance has been spread over the entire lease period.
M/S INDITEX TRENT RETAIL INDIA PVT. LTD. VERSUS THE ADDL. C.I.T SPECIAL RANGE - 4 NEW DELHI AND (VICE-VERSA)
(2022) TaxCorp(LJ) 28568 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=96022&Category=ITAT&CategoryType=Zip
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Show cause notice dated 25th March 2010 as well as order dated 10th December 2013 have to be quashed and set aside.
INGRAM MICRO INC. VERSUS THE INCOME TAX OFFICER, (INTERNATIONAL TAXATION) – TDS – 3, THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NEW DELHI
(2022) TaxCorp(LJ) 28567 (HC-BOMBAY) · https://taxcorp.in/FileOpenDT.aspx?ID=86735&Category=Judgment&CategoryType=Zip
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Explanations A(a)(ii)/A(b) to the notifications dated March 31, 2021 and April 27, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are, therefore, bad in law and null void.
REALLY DEALCOMM PRIVATE LIMITED VERSUS UNION OF INDIA & ORS.
(2022) TaxCorp(LJ) 28566 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86738&Category=Judgment&CategoryType=Zip
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DDIT is directed to inform the Immigration Bureau once the aforesaid conditions are met and to return the surety to the Assessee on his return to India.
Jayant Nanda Vs UNION OF INDIA
(2022) TaxCorp(LJ) 28565 (HC-DELHI)
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Technical services rendered by Assessee’s employees were duly offered to tax and thus, there is no Supervisory PE of the Assessee.
FCC Co. Ltd Vs ACIT
(2022) TaxCorp(LJ) 28564 (ITAT-DELHI)
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The expression sufficient cause employed by the legislature in the Limitation Act is adequately elastic to enable the Courts to apply the law in a meaningful manner which sub-serves the ends of justice-that being the life purpose for the existence of the institution of Courts.
Surendra Singh Vs DCIT
(2022) TaxCorp(LJ) 28563 (ITAT-DELHI)
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Though section 10A, as amended, is a provision for deduction, the stage of deduction would be while computing the gross total income of the eligible undertaking under Chapter IV of the Act and not at the stage of computation of the total income under Chapter VI.
THE COMMISSIONER OF INCOME TAX, CHENNAI VERSUS AMNET SYSTEMS PVT LTD.
(2022) TaxCorp(LJ) 28562 (HC-MADRAS) · https://taxcorp.in/FileOpenDT.aspx?ID=86729&Category=Judgment&CategoryType=Zip
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The assessee cannot be escaped from the penalty provisions in a situation where the income was determined on estimated basis.
M/S. MORAKHIA COPPER AND ALLOYS PVT. LTD. VERSUS A.C.I.T., TAX, CIRCLE-2 (1) (2) , AHMEDABAD.
(2022) TaxCorp(LJ) 28561 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95982&Category=ITAT&CategoryType=Zip
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If the assessee trust is formed with both religious and charitable objects in terms of section 13(1)(b), its claim for registration u/s 12AA cannot be denied and it can only denied in case when such objects are carried out for the benefit of a particular religious community or caste.
ACIT (E) , CIRCLE 1 (1) , NEW DELHI VERSUS DIVYA JYOTI JAGRATI SANSTHAN
(2022) TaxCorp(LJ) 28560 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95985&Category=ITAT&CategoryType=Zip
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Keeping in view the entire facts of the case, we allow the appeal of the assesse.
ABHAY KUMAR MITTAL VERSUS DCIT, CIRCLE-72 (1) , NEW DELHI
(2022) TaxCorp(LJ) 28559 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95986&Category=ITAT&CategoryType=Zip
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