-
Though the reason given by Assessee for filing the appeal is neither convincing nor satisfactory, since the assessee intends to go for VIvad-Se-Vishwas Scheme and pay the resulting taxes and put an end to the litigation, we are convinced that the delay needs to be condoned as a special case.
Shri Subramanyan Kumar Vs The ACIT
(2021) TaxCorp(LJ) 26328 (ITAT-CHENNAI)
-
It has become apparently clear that due to apathy of the Revenue Department, assessee has been pushed to protracted litigation since 2010 as he is running from pillar to post to get refund otherwise admissible to him.
Jasjit Singh Vs ITO
(2021) TaxCorp(LJ) 26327 (ITAT-DELHI)
-
Expenses incurred by the assessee in foreign exchange should be reduced from both the export turnover as well as total turnover while computing deduction u/ss.10A/10AA.
Barclays Shared Services Private Limited Vs ACIT
(2021) TaxCorp(LJ) 26326 (ITAT-PUNE) · Sections 10A, 10AA
-
The Canadian tax system is one of self-assessment and self-reporting, which was accepted by the Minister as filed, remarks that there is no evidence that the Minister applied the test of central management and control for the aforementioned years.
Landbouwbedrijf Backx B.V Vs Her Majesty The Queen
(2021) TaxCorp(LJ) 26325 (ITAT-Forein)
-
Goodwill would fall under the expression any other business or commercial right of a similar nature as per Sec.32(1)(ii).
JX Nippon Two Lubricants India Pvt. Ltd Vs DCIT
(2021) TaxCorp(LJ) 26318 (ITAT-DELHI)
-
Revenue did not lead any evidence to show connection of accused Director No. 2 with undisclosed income; After submission of ITR under Sec. 139(1), Revenue conducted search and seizure operations under Sec. 132 following which assessee company disclosed additional income of Rs. 1.21 Crore.
M/s. Shourya Tower (P) Ltd. Vs ITO
(2021) TaxCorp(LJ) 26317 (HC-DELHI)
-
The circumstances surrounding the case are not strong enough to justify the rejection of the assessee's plea of asking the copies of seized material and providing an opportunity of cross examination of the parties concerned.
D.S. Suresh Vs Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 26316 (ITAT-BANGALORE)
-
ESI/PF dues paid beyond prescribed period is not an allowable deduction.
Dabur India Limited Vs Addl. CIT
(2021) TaxCorp(LJ) 26315 (ITAT-DELHI) · Sections 80IB, 80IC
-
For invoking the provisions of section 41(1), the prerequisite is that the liability sought to be treated as income must have been claimed as a deduction during any earlier AYs and in the present year, the assessee must have derived some benefit on account of remission or cessation of liability.
Ravindra Arunachala Nadar Vs The ACIT
(2021) TaxCorp(LJ) 26314 (ITAT-CHENNAI) · Section 41(1)
-
Taxability of sums received for supply of software as "royalty": Given the definition of royalties contained in Article 12 of the DTAAs, the amounts paid by resident Indian end-users/ distributors to non-resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements is not the payment of royalty for the use of copyright in the computer software and that the same does not give rise to any income taxable in India, as a result of which the persons referred to in section 195 of the Income Tax Act were not liable to deduct any TDS under section 195 of the Income Tax Act. The provisions contained in the Income Tax Act (section 9(1)(vi), along with explanations 2 and 4 thereof), which deal with royalty, not being more beneficial to the assessees, have no application in the facts of these cases
Engineering Analysis Centre Of Excellence Private Limited vs. CIT
(2021) TaxCorp(LJ) 26307 (SC)
-
S. 153A, 153C search assessments: (i) A statement recorded u/s 132(4) has evidentiary value but cannot justify the additions in the absence of corroborative material. (ii) The statement also cannot, on a standalone basis, constitute 'incriminating material' so as to empower the AO to frame a block assessment u/s 153A (iii) If the statement was recorded in the course of search conducted in the case of a third party, and assuming the statement is construed as 'incriminating material belonging to or pertaining to a person other than person searched', the only legal recourse available to the department is to proceed in terms of S. 153C of the Act by handing over the same to the AO who has jurisdiction over such person. An assessment framed u/s 153A on the basis of alleged incriminating material (being the statement recorded under 132(4) of the Act) is not valid. The Assessee also had no opportunity to cross-examine the said witness (All imp judgements referred)
PCIT (Central) – 3 vs. Anand Kumar Jain (HUF)
(2021) TaxCorp(LJ) 26306 (HC-DELHI) · Sections 153A, 153C
-
The permission to enter by way of license so granted shall not however be construed as delivery of possession of the scheduled property in part performance of any conduct as defined u/s. 53A of the Transfer of Property Act r.w.s.2(47)(v) & (vi) of the Income Tax Act, 1961.
Prestige Estates Projects Ltd Vs The Asst.Commissioner of Income-tax
(2021) TaxCorp(LJ) 26299 (ITAT-BANGALORE) · Section 194-IA
-
The shares in the present scenario were not subscribed to by any sister concern or closely related person, but by outside investors and if they have seen certain potential and accepted this valuation, then Appellant-Revenue cannot question their wisdom.
Cinestaan Entertainment Pvt Ltd Vs PR. COMMISSIONER OF INCOME TAX-2
(2021) TaxCorp(LJ) 26298 (HC-DELHI)
-
In the instant case assessee is not payer of money but only the remitter which is collected from the users on behalf of Uber B.V., as it entered into contract with driver-partners and not the assessee.
Uber India Systems Private Limited Vs Jt. CIT (TDS)(OSD)-2(3)
(2021) TaxCorp(LJ) 26297 (ITAT-MUMBAI) · Section 194C
-
Seismic survey equipment used in the project of exploration of mineral oils by OIL and ONGC is eligible for special rate of depreciation at 60% falling under clause (xii) of Depreciation Schedule relating to Mineral oil concerns.
Asian Oilfield Services Limited Vs DCIT
(2021) TaxCorp(LJ) 26296 (ITAT-MUMBAI)
-
Amendment to Sec.201(3) extending the period of limitation to 7 years by Finance Act 2014 is applicable prospectively.
Life Insurance Corporation Of India Vs Income Tax Officer
(2021) TaxCorp(LJ) 26295 (ITAT-BANGALORE) · Section 192
-
There is no dispute that the search officials did not unearth any material to show that the agricultural income declared in the returns of income filed prior to the date of search and other receipts declared by the assessee are bogus, i.e., there is no incriminating material to disprove the claim of the assessee.
V. Ramprasad Raju Vs Commissioner of Income Tax (A)-VI
(2021) TaxCorp(LJ) 26294 (ITAT-BANGALORE)
-
When Hon’ble jurisdictional High Court holds the law in a particular way, it is our bounden duty to follow the same in letter and in spirit.
Bank of India Vs Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 26293 (ITAT-MUMBAI)
-
Matter attains Limited Finality in the first stage (before AO) when assessee explains his case to the satisfaction of AO because Revenue has no right of appeal against the order of the AO barring exceptional circumstances u/s 147, 263, 264, 154 etc.
Energy Infratech Pvt. Ltd Vs DCIT
(2021) TaxCorp(LJ) 26292 (ITAT-DELHI)
-
ROC fees paid are to be considered as preliminarily expenditure within the meaning of Section 35D and directs the Revenue to delete the disallowance.
Rockland Diagnostics Services Pvt. Ltd Vs Income Tax Officer
(2021) TaxCorp(LJ) 26291 (ITAT-DELHI)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.