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The proceedings before the DRP do get circumscribed by the limits of time imposed by Section 153 of the Act.
M/S. SABIC INNOVATIVE PLASTICS INDIA PRIVATE LIMITED VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1) (1)
(2022) TaxCorp(LJ) 28538 (HC-GUJARAT) · https://taxcorp.in/FileOpenDT.aspx?ID=86719&Category=Judgment&CategoryType=Zip
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The addition made by the A.O. only on this basis that valuation of stock in the statement given to bank was different from the stock mentioned in the books of account was rightly deleted by the Ld. CIT(A).
THE ASST. CIT CIRCLE, PATIALA VERSUS M/S VISHAL PAPER INDUSTRIES PVT. LTD.
(2022) TaxCorp(LJ) 28537 (ITAT-CHANDIGARH) · https://taxcorp.in/FileOpenDT.aspx?ID=95137&Category=ITAT&CategoryType=Zip
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Following the rule of consistency, no addition can be made for the impugned assessment year, especially when no other corroborative evidence such as bogus purchases bills/bogus expenses or unexplained investment, etc., were found during the course of search.
ASSISTANT COMMISSIONER OF INCOME-TAX VERSUS LEPRO HERBALS PVT. LTD.
(2022) TaxCorp(LJ) 28536 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95962&Category=ITAT&CategoryType=Zip
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In the present case although Late Jitendra Mehta has made disclosure in his statement dated 26/27th July 2011 recorded u/s 132(4) on being questioned about the various allegations but from the record we do not find any evidence that the Late Jitendra Mehta had entered into a transaction for sale of Bhoslewadi property.
ROHAN MEHTA {LEGAL HEIR OF LATE JITENDRA MEHTA} VERSUS DCIT, CENTRAL CIRCLE – 47, MUMBAI
(2022) TaxCorp(LJ) 28535 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95965&Category=ITAT&CategoryType=Zip
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When there are conflicting decisions the view taken in favour of the assessee should be followed is relevant to adjudication of the matter before us.
ICMC PROJECTS PVT. LTD., INDUSTRIAL CONVEYORS PVT. LTD., C/O PAVAN MAHESHWARI & CO., CA VERSUS ITD, CPC, BENGALURU KARNATAKA, ACIT (CPCTDS) , GHAZIABAD
(2022) TaxCorp(LJ) 28534 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95966&Category=ITAT&CategoryType=Zip
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Payment received by the Swedish company for providing Information Technology services is held not taxable as FTS, by applying restrictive provision of FTS provided in India-Portugal DTAA by invoking MFN clause under India- Sweden DTAA.
Perfetti Van Melle ICT & BV Vs ACIT
(2022) TaxCorp(LJ) 28533 (ITAT-DELHI)
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The action of the learned Assessing Officer was legal and non-production of the persons summoned had rightly led to the inference that the assessee had routed their own money in the books of accounts through the conduit of investor companies.
Anandtex international P.Ltd Vs ACIT
(2022) TaxCorp(LJ) 28532 (ITAT-DELHI) · Section 68
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Registration under Section 25 of the Companies Act is undoubtedly a relevant factor to be noted while considering an application for registration under Section 12AA as registration under Section 25 of the Companies Act recognises the main objectives of the company as a non-profit organisation.
Creative Museum Designers Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 28531 (HC-CALCUTTA)
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Resort to section 41(1) could arise only if the liability of the assessee has said to have ceased finally without having possibility of reviving it, which is not the case here.
ACIT, CIRCLE 2 GHAZIABAD VERSUS M/S SUPREME CERAMICS LIMITED AND VICE-VERSA
(2022) TaxCorp(LJ) 28530 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95948&Category=ITAT&CategoryType=Zip
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We find the basis of allocation of various expenses has been clearly given by the assessee for each of the segments
M/S TELEPERFORMANCE GLOBAL SERVICES PVT. LTD. (FORMERLY KNOWN AS ‘INTELENET GLOBAL SERVICES PVT. LTD., MUMBAI AND PRIOR TO THAT KNOWN AS SERCO BPO PVT. LTD) VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX-12 (2) (2) MUMBAI
(2022) TaxCorp(LJ) 28529 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95950&Category=ITAT&CategoryType=Zip
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The CIT(A) has rightly upheld the disallowance made by the A.O. in respect of the claim made by the assessee for deduction of annual of mixed use charges paid by the assessee to Municipal Corporation of Delhi, in respect of the property of the Assessee.
AMAR CHAND GARG VERSUS ACIT, CIRCLE 35 (1) NEW DELHI
(2022) TaxCorp(LJ) 28528 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95954&Category=ITAT&CategoryType=Zip
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Rejection of RPM method adopted by the assessee was incorrect, and learned CIT(A) has rightly reversed the said action.
DIESEL FASHION INDIA RELIANCE PVT. LTD. VERSUS ASSISTANT COMMISSIONER OF INCOME TAX, 3 (1) (1) MUMBAI, DEPUTY COMMISSIONER OF INCOME TAX, 3 (1) (1) MUMBAI
(2022) TaxCorp(LJ) 28527 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95956&Category=ITAT&CategoryType=Zip
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The fact that the debt is outstanding for a long time without any payment cannot be the basis to come to a conclusion that the said debt ceased to exist. We, therefore, confirm the order of the CIT(A).
DCIT, CIRCLE – 1 (1) (2) , BENGALURU. VERSUS M/S. BPL LTD.
(2022) TaxCorp(LJ) 28526 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=95958&Category=ITAT&CategoryType=Zip
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Unless funds are borrowed for making deposit to earn interest income, such interest paid on borrowings cannot be allowed as deduction in the computation of income from other sources, which in this case, is interest earned from mutual funds.
Anirudh Murthy Ranga Vs The Principal Commissioner of Income Tax
(2022) TaxCorp(LJ) 28525 (ITAT-BANGALORE)
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Transponder charges paid to non-residents was not taxable as royalty.
Viacom 18 Media Private Limited Vs The Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28524 (ITAT-MUMBAI)
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Collection of annual mixed use charges would not make any difference in the annual let out value of the property and thus, the same was not allowable as per the proviso to Section 23(1).
Amar Chand Garg Vs ACIT
(2022) TaxCorp(LJ) 28523 (ITAT-DELHI) · Section 23(1)
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No tax was deducted on such payments which made the payment suspicious and no independent enquiries have been made to verify wages payable being old one.
Ashwani Marwah Vs Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28522 (ITAT-CHANDIGARH)
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When an assessment framed by the ld. AO is unsustainable in the eyes of law, the said invalid and illegal order cannot be subject matter of section 263 proceedings.
Aishwarya Rai Bachchan Vs The Pr. CIT-8
(2022) TaxCorp(LJ) 28521 (ITAT-MUMBAI)
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Rate of tax provided in the tax treaty cannot be enhanced by including surcharge and education cess separately.
Renaissance Services BV Vs Deputy Director of Income Tax (International Taxation)-2(1)
(2022) TaxCorp(LJ) 28520 (ITAT-MUMBAI)
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Change in opinion cannot constitute reason to believe.
Mangalore Refinery and Petrochemicals Limited Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28519 (HC-BOMBAY)
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