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There was no liability to deduct tax at source since no income was chargeable to the recipient.
Viacom 18 Media Private Limited Vs ACIT
(2022) TaxCorp(LJ) 28355 (ITAT-MUMBAI)
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Depreciation claimed by the Assessee on goodwill acquired deserves to be allowed.
M/s. Altimetrik India Pvt. Ltd. Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28354 (ITAT-BANGALORE)
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Difference in the ready reckoner rate and the sale consideration was within the 5% tolerance band and hence needs to be ignored.
Spenta Enterprises Vs ACIT
(2022) TaxCorp(LJ) 28353 (ITAT-MUMBAI) · Section 43CA
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Each AY is separate and, therefore, judgment adjudicated in one AY on the basis of substance before them cannot be regarded as binding in the assessment of subsequent years.
Bentley Nevada Inc. Vs The Dy. C.I.T
(2022) TaxCorp(LJ) 28352 (ITAT-DELHI)
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The reasons for proposed re-opening clearly indicates that Respondent No. 1 wants to re-open only on the basis of change of opinion which, as held time and again by various Courts, cannot be a ground for reopening.
Tata Sons Limited Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28351 (HC-BOMBAY)
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The payment made by the assessee towards face value of the meal vouchers to the affiliates are not in the nature of payment made towards works contract so as to fall within the provision of section 194C, therefore demand raised under section 201(1) and 201(1A) are deleted.
SODEXO SVC INDIA PVT. LTD. VERSUS ASSISTANT/DEPUTY COMMISSIONER OF INCOME TAX (TDS) -2 (2) , MUMBAI
(2022) TaxCorp(LJ) 28350 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95533&Category=ITAT&CategoryType=Zip
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We are fully satisfied that the assessee discharged the onus upon him to prove the source of deposit in the joint bank account.
RAJENDRA SATGOUDA PATIL VERSUS ITO, 2 (3) SANGLI
(2022) TaxCorp(LJ) 28349 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95546&Category=ITAT&CategoryType=Zip
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For exercising power under section 154 of the Act, there should exist a mistake apparent from record.
MAHANAGAR TELEPHONE NIGAM LTD. VERSUS DCIT, CIRCLE-1, LTU, NEW DELHI
(2022) TaxCorp(LJ) 28348 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95550&Category=ITAT&CategoryType=Zip
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In the garb of reassessment proceedings, the appellant cannot seek to verify the same details on the strength of material which was already available on record.
PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) – 3 VERSUS ISHWAR CHAND MITTAL
(2022) TaxCorp(LJ) 28347 (HC-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=86529&Category=Judgment&CategoryType=Zip
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Merely because a wrong claim was made by the assessee with regard to the expenses incurred for construction of a compound wall that by itself will not be a reason to impose penalty.
PRINCIPAL COMMISSIONER OF INCOME TAX-14, KOLKATA VERSUS M/S WEST BENGAL STATE CONSUMER’S CO-OPERATIVE FEDERATION LTD.
(2022) TaxCorp(LJ) 28346 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86536&Category=Judgment&CategoryType=Zip
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Merely, because a certain amount has been generated as surplus cannot take away the activities of the assessee as not being charitable for the purpose of imparting education or for general public utility.
CREATIVE MUSEUM DESIGNERS VERSUS INCOME TAX OFFICER, EXEMPTIONS, WARD-1 (1) , KOLKATA
(2022) TaxCorp(LJ) 28345 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86537&Category=Judgment&CategoryType=Zip
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Liberty be given to the Revenue to initiate reassessment proceedings in accordance with the as amended reassessment provisions after making all compliances as required by law.
Vellore Institute of Technology Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 28344 (HC-MADRAS)
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When the ld. AO had given a favourable report in his remand proceedings, then fairly the Revenue ought not to have preferred any further appeal before this Tribunal as there could not be any grievance for them.
Liberal Realtors LLP Vs ITO-32(2)(1)
(2022) TaxCorp(LJ) 28343 (ITAT-MUMBAI)
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The assessee filed ample documentary evidences which discharged the primary onus cast upon it u/s 68.
M/S. RELIABLE GLOBAL VENTURE P. LTD. BHOPAL VERSUS ITO 4 (1) BHOPAL AND (VICE-VERSA)
(2021) TaxCorp(LJ) 28342 (ITAT-INDORE) · https://taxcorp.in/FileOpenDT.aspx?ID=95494&Category=ITAT&CategoryType=Zip
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There was a mis-communication at the end of the AO about the address and also not mentioning the husband’s name of the assessee which resulted in non serving of the notice since she resided in village, therefore no justification in the action of the AO in initiating and levying penalty u/s 271(1)(b).
SMT. MANJIT KAUR W/O LEHMBERSS SINGH VERSUS ITO, WARD-2 INCOME TAX OFFICE PHAGWARA
(2021) TaxCorp(LJ) 28341 (ITAT-AMRITSAR) · https://taxcorp.in/FileOpenDT.aspx?ID=95495&Category=ITAT&CategoryType=Zip
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If the assessee under wrong appreciation of facts and the law has not pressed the issue before the lower authorities, the same can be raised before the higher forum.
ARCHIT CORPORATION LLP (EARLIER KNOWN AS ARCHIT CORPORATION) VERSUS I.T.O., WARD-2 (3) BHAVNAGAR
(2021) TaxCorp(LJ) 28340 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95496&Category=ITAT&CategoryType=Zip
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There was no furnishing of inaccurate particulars of income by the assessee so as to attract penalty u/s 271(1)(c).
ASST. COMMISSIONER OF INCOME TAX, CIRCLE-3 (3) , AHMEDABAD VERSUS SHRI CHANDRAKANT G. PATEL
(2021) TaxCorp(LJ) 28339 (ITAT-AHMEDABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95509&Category=ITAT&CategoryType=Zip
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If the development agreement is not registered, it shall have no effect in law for the purposes of Section 53A which bodily stood incorporated in Section 2(47)(v) of the Income Tax Act, 1961.
PRINCIPAL COMMISSIONER OF INCOME TAX- 4, KOLKATA VERSUS M/S. SHELTER PROJECT LTD.
(2022) TaxCorp(LJ) 28338 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86516&Category=Judgment&CategoryType=Zip
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The assessing officer did not have jurisdiction to proceed further and make assessment since notice under Section 143(2) of the Act was admittedly not issued.
PRINCIPAL COMMISSIONER OF INCOME TAX-11, KOLKATA VERSUS M/S. NOPANY & SONS
(2022) TaxCorp(LJ) 28337 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86517&Category=Judgment&CategoryType=Zip
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The twin conditions mandated under Rule 11U(b) are satisfied.
Electra Paper and Board Pvt. Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 28336 (ITAT-CHANDIGARH)
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