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Landmark Rulings

Direct Tax landmark rulings

16,074 rulings

  1. ITAT Delhi · 24 Apr 2014
    Whether assessee was liable for imposition of penalty u/s 271(1) in case exemption claim made by him was unsustainable.

    SHRI UDAY PUNJ Vs. ASSTT COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3572 (ITAT-DELHI) · Income Tax - Sections 43(5), 143(1), 271(1)(c)

  2. ITAT Ahmedabad · 11 Jul 2014
    Whether penalty u/s 271(1)(c) can be levied even if the assessee has offered gains arising out of bonus shares as capital gain and paid tax on the same and had the assessee waited for some more time the LTCG would have been tax exempt.

    SHRI RUSTOM SORAB MEDORA Vs. INCOME TAX OFFICER

    (2014) TaxCorp(LJ) 3571 (ITAT-AHMEDABAD) · Income Tax - Sections 271(1)(c), 274

  3. ITAT Cochin · 04 Jul 2014
    Whether the application of mind has to be reflected in the assessment order as also the reasons for conclusion available in the order itself.

    M/s METRO TRADING SYNDICATE Vs. ASSTT COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3570 (ITAT-COCHIN) · Income Tax – Sections 12A, 136, 250, 263, 271, 274

  4. ITAT Lucknow · 27 May 2014
    Whether when assessee has wrongly overstated the turnover arising from incorrect figures mentioned in the TDS certificate, the assessment can still be completed without considering the same

    KAILASH CHANDRA SHARMA Vs. INCOME TAX OFFICER

    (2014) TaxCorp(LJ) 3569 (ITAT-LUCKNOW) · Income Tax - Sections - 44AE, 44AF

  5. ITAT Delhi · 30 Jun 2014
    Whether remuneration and salaries paid to employees is allowable if the same is in permissible limit as prescribed by the Companies Act.

    M/s TAURAS INDIA LTD. Vs. DEPUTY COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3568 (ITAT-DELHI) · Income Tax - Sections 37(1), 139(1), 145

  6. ITAT Mumbai · 21 Feb 2014
    Whether disallowance of 50% of expenditure on ad-hoc basis was justified when the AO has not pinpointed any of the expenditure which was not properly vouched or not supported by bills etc.

    MAHINDRA FIRST CHOICE WHEELS LTD., (FORMERLY AUTOMART INDIA LTD.) Vs. ITO

    (2014) TaxCorp(LJ) 3567 (ITAT-MUMBAI) · Income Tax - Sections 32, 37, 40(a)(ia), 143(3), 234B, 234D

  7. ITAT Hyderabad · 09 Jul 2014
    Whether when there is a pending suit for recovery of advance and interest thereon filed by the assessee, the CIT(C) cannot assume jurisdiction under section 263 that higher amount should be considered for levy of interest.

    M/s SURASA GREEN LANDS (P) LTD. Vs. DEPUTY COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3566 (ITAT-HYDERABAD) · Income Tax - Sections 143(3), 263

  8. ITAT Mumbai · 19 May 2014
    Whether the assessee would be liable if no TDS is deducted on such payment.

    TRO (TDS) Vs. SHELTON INFRASTRUCTURE PVT LTD.

    (2014) TaxCorp(LJ) 3565 (ITAT-MUMBAI) · Income Tax - Sections 37(1), 43, 194-I, 201(1), 201(1A)

  9. ITAT Ahmedabad · 20 Jun 2014
    Whether payment of commission is allowable where the order was procured and the sales were executed through commission agents and TDS was deducted on payment of commission.

    M/s ARPAN AROMATICS Vs. ADDITIONAL COMMISSIONER OF INCOME, INCOME TAX OFFICER

    (2014) TaxCorp(LJ) 3564 (ITAT-AHMEDABAD) · Income Tax - Sections 36(i)(iii), 68, 145, 145A

  10. ITAT Cuttack · 27 Jun 2014
    Whether condonation of delay can be given when the representative of the assessee could not attend the matter on account of health reasons.

    M/s TOR ANUMANA TECHNOLOGIES PVT LTD. Vs. ASSTT COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3563 (ITAT-CUTTACK) · Income Tax - Sections 9, 40(a)(ia), 68, 133(6), 143(3), 194 I, 194 J, 250, 253(5)

  11. ITAT Mumbai · 14 Mar 2014
    Whether built up area of shops below or above stipulated criteria of 2,000 sq.ft., would make any difference for the purpose of claiming deduction u/s 80IB(10).

    INCOME TAX OFFICER-19(3)(4) Vs. M/s VELENTINE DEVELOPERS

    (2014) TaxCorp(LJ) 3562 (ITAT-MUMBAI) · Income Tax - Sections 80IB, 80IB(10)

  12. ITAT Mumbai · 25 Jun 2014
    Whether disallowance under section 14A can exceed the total administrative expenditure debited by the assessee in the Profit & Loss account.

    ASSTT COMMISSIONER OF INCOME TAX Vs. M/s PASSIONATE INVESTMENTS MANAGEMENT PVT LTD.

    (2014) TaxCorp(LJ) 3561 (ITAT-MUMBAI) · Income Tax – 14A

  13. ITAT Delhi · 27 Jun 2014
    Whether when the assessee fails to claim Sec 10A benefits in the return, it is not entitled to claim the same.

    DEPUTY COMMISSIONER OF INCOME TAX Vs. M/s VALLIANT COMMUNICATIONS LTD.

    (2014) TaxCorp(LJ) 3560 (ITAT-DELHI) · Income tax - Sections 10A, 10B

  14. ITAT Mumbai · 18 Jun 2014
    Whether deduction u/s 10B is to be computed from the profit of eligible unit before setting off the brought forward business loss and unabsorbed depreciation.

    ASB INTERNATIONAL PVT LTD. Vs. ASSTT COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3559 (ITAT-MUMBAI) · Income Tax - Sections 10A, 10B, 32(2), 70, 71, 72(2)

  15. ITAT Lucknow · 04 Jul 2014
    Whether the provisions of the Indian Trust Act, 1882 are applicable in the case of the assessee as it is a public charitable trust.

    NANDINI EDUCATIONAL & CHARITABLE TRUST Vs. COMMISSIONER OF INCOME TAX-I

    (2014) TaxCorp(LJ) 3558 (ITAT-LUCKNOW) · Income tax - Sections 2, 12AA

  16. ITAT Chandigarh · 11 Jul 2014
    Whether disallowance of Rs.10 lakhs would meet the ends of justice when it is claimed that no new investments have been made and all the investments were made from assessee’s own funds.

    PUNJAB TRACTORS LTD., (SINCE MERGED WITH MAHINDRA & MAHINDRA LTD.) Vs. JOINT COMMISSIONER OF INCOME TAX

    (2014) TaxCorp(LJ) 3557 (ITAT-CHANDIGARH) · Income Tax - Sections 234D, 244A, 271(1) (c)

  17. ITAT Hyderabad · 09 Jun 2014
    Whether assessee is bound to furnish completion certificate for claiming deduction u/s 80IB(10) where the housing project of the assessee was approved prior to insertion of Explanation – (ii) to clause (a) of section 80IB(10).

    INCOME TAX OFFICER Vs. M/s KURA HOMES PVT LTD.

    (2014) TaxCorp(LJ) 3556 (ITAT-HYDERABAD) · Income Tax - Sections 80IB(10), 143(1), 147, 148

  18. ITAT Delhi · 25 Jul 2014
    Which were not listed in the Technical Collaboration Agreement (TCA) and hence no royalty need to have been paid on the products and hence the payments were not at arm's length price (ALP).

    HONDA SIEL POWER PRODUCTS LTD. Vs. DCIT

    (2014) TaxCorp(LJ) 3555 (ITAT-DELHI) · Income tax - Sections 40(a)(i), 92CA(3)

  19. ITAT Cochin · 25 Jul 2014
    Since the assessee capitalised the payment and claimed only depreciation, there was no question of any disallowance.

    MUTHOOT FINANCE LTD. Vs. ADDL. CIT

    (2014) TaxCorp(LJ) 3554 (ITAT-COCHIN) · Income Tax - Sections 40(a)(ia), 195

  20. ITAT Agra · 18 Jul 2014
    Addition cannot be made only on the basis of a surrender simplictor

    ITO. Vs. Ram Prakash

    (2014) TaxCorp(LJ) 3553 (ITAT-AGRA)

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