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Landmark Rulings

All landmark rulings

21,722 rulings

  1. Direct Tax ·Allahabad High Court · 29 Aug 2012
    Realisation of Trade Tax Arrears will not take precedence over the right of the Bank to recover the dues as a secured creditor

    Urmila Devi & Ors vs Debts Recovery Appellate Tribunal

    (2014) TaxCorp(LJ) 2579 (HC-ALLAHABAD)

  2. Direct Tax ·Bombay High Court · 29 Jan 2014
    Recovery before expiry of statutory period for filing appeal is breach of statutory provisions – HC

    Tata Teleservices (Maharashtra Limited Petitioner versus The Ministry of Finance, Department of Revenue and others Respondents

    (2014) TaxCorp(LJ) 2578 (HC-BOMBAY)

  3. Direct Tax ·ITAT Pune · 30 Jan 2014
    S. 14A Recording of satisfaction is pre-requisite for invoking rule 8D

    Kalyani Steels Ltd. Vs. Addl. Commissioner of Income Tax

    (2014) TaxCorp(LJ) 2577 (ITAT-PUNE)

  4. Direct Tax ·Allahabad High Court · 01 Apr 2013
    No Penalty U/s. 271B for by mistake filing of unsigned report of auditor

    The Commissioner Of Income Tax, Meerut & Another V/s. M/S Shivalik Medicare (P) Ltd. Ghaziabad

    (2014) TaxCorp(LJ) 2576 (HC-ALLAHABAD)

  5. Direct Tax ·Gujarat High Court · 15 Oct 2013
    Additions for undisclosed investment could without doubting the genuineness of documents produced not justified

    COMMISSIONER OF INCOME TAX Versus M B PATEL

    (2014) TaxCorp(LJ) 2575 (HC-GUJARAT)

  6. Direct Tax ·Calcutta High Court · 23 Dec 2013
    No S. 14A Disallowance without recording dissatisfaction over expense claimed by the Assessee

    COMMISSIONER OF INCOME TAX, CENTRAL II Versus M/S. R.E.I. AGRO LTD.

    (2014) TaxCorp(LJ) 2574 (HC-CALCUTTA)

  7. Direct Tax ·ITAT Kolkata · 27 Jan 2014
    Discounting charges of Bill of Exchange or factoring charges of sale cannot be termed as interest for TDS U/s. 194A

    Income-tax Officer Vs. M/s. M K J Enterprises Ltd.

    (2014) TaxCorp(LJ) 2573 (ITAT-KOLKATA)

  8. Direct Tax ·Supreme Court · 17 Jan 2014
    SC dismisses Revenue's appeal against Chattisgarh HC judgment reported in (2014) TaxCorp(LJ) 2597 (HC-CHHATTISGARH).Honable high court held that there was no “concealment” for imposition of Sec 271(1)(c) penalty, as there was neither detection nor possession of information by Revenue, besides assessee's surrender. Amount relating to share application money was added to income u/s 68 during assessment only based on assessee's surrender.

    CIT vs AGRAWAL ROUND ROLLING MILLS LTD

    (2014) TaxCorp(LJ) 2572 (SC) · Income Tax Section 271(1)(c), 68

  9. Direct Tax ·Chhattisgarh High Court · 22 Jul 2013
    S. 271(1)(c) - There was no “concealment” for imposition of Sec 271(1)(c) penalty, as there was neither detection nor possession of information by Revenue, besides assessee's surrender. Amount relating to share application money was added to income u/s 68 during assessment only based on assessee's surrender.

    CIT vs Agrawal Round Rolling Mills Limited

    (2014) TaxCorp(LJ) 2571 (HC-CHHATTISGARH) · Income Tax Section 271(1)(c), 68

  10. Direct Tax ·ITAT Ahmedabad · 20 Jun 2012
    ITAT bench following (2013) 7 TaxCorp (A.T.) 31149 (BANGALORE) directed AO to re-frame the assessment order in accordance with law ignoring the observation of the learned CIT on allowability of deduction u/s 80 P(2)(a)(i) of the Act.

    Jafari Momin Vikash Co-op. Credit Society Ltd vs CIT

    (2014) TaxCorp(LJ) 2570 (ITAT-AHMEDABAD) · Income Tax Section 263, 80P(2)(a)(i)

  11. Direct Tax ·Gujarat High Court · 15 Jan 2014
    Section 80P(4) applies only to credit co-operative banks but not to credit co-operative societies

    CIT vs JAFARI MOMIN VIKAS CO-OP CREDIT SOCIETY LTD

    (2014) TaxCorp(LJ) 2569 (HC-GUJARAT) · Income Tax Section 80P(4)

  12. Direct Tax ·ITAT Ahmedabad · 15 Jan 2014
    The assessee company is a co-operative society not in banking business. The provisions of Section 80P(4) will not have any application in the assessee’s case. Therefore, it is entitled to deduction u/s. 80P(2)(a)(i) of the Act.

    COMMISSIONER OF INCOME TAX vs JAFARI MOMIN VIKAS CO-OP CREDIT SOCIETY LTD

    (2014) TaxCorp(LJ) 2568 (ITAT-AHMEDABAD) · Income Tax Section 80P(4)

  13. Direct Tax ·Allahabad High Court · 20 Jan 2014
    Jobbing is not speculative in view of proviso(c) to section 43(5)

    Commissioner Income Tax Vs. Sri Ram Kishan Gupta

    (2014) TaxCorp(LJ) 2567 (HC-ALLAHABAD)

  14. Direct Tax ·ITAT Delhi · 17 Jan 2014
    Amount received by liaison office over and above the expenses actually incurred is taxable

    M/s Brown & Sharpe INC Vs. Assistant /Deputy Commissioner of Income Tax

    (2014) TaxCorp(LJ) 2566 (ITAT-DELHI)

  15. Direct Tax ·ITAT Indore · 20 Aug 2013
    Deemed dividend provisions not applicable to loan made in ordinary course of business

    Asstt. Commissioner of Income Tax Vs Pravin C. Pandya

    (2014) TaxCorp(LJ) 2565 (ITAT-INDORE)

  16. Direct Tax ·Supreme Court · 30 Jan 2014
    S. 276CC SC allows initiation of prosecution against Jayalalithaa for non filing of I.T. Return

    Sasi Enterprises Versus Assistant Commissioner of Income Tax

    (2014) TaxCorp(LJ) 2564 (SC)

  17. Direct Tax ·AP High Court · 24 Jul 2013
    AP High Court grants Stays on Audit by CAG of private Company

    M/s. Aditya Housing & Infrastructure Development Company Pvt Ltd V/s. The Comptroller & Auditor General of India, New Delhi

    (2014) TaxCorp(LJ) 2563 (HC-AP)

  18. Direct Tax ·Supreme Court · 30 Jan 2014
    Prosecution for offence u/s 276CC for failure to file ROI can be initiated during the pendency of assessment proceedings. The statement in the individual returns of the partners that the firm has not filed a ROI as its’ accounts are not finalized does not absolve the firm of prosecution for non-filing of ROI

    Sasi Enterprises vs ACIT

    (2014) TaxCorp(LJ) 2562 (SC)

  19. Direct Tax ·ITAT Hyderabad · 27 Jan 2014
    No ‘transfer’ when a partner received his share in the partnership business. Payment received was towards transfer of goodwill.

    ACIT vs Sri N Prasad

    (2014) TaxCorp(LJ) 2561 (ITAT-HYDERABAD) · Income Tax Section 2(47)

  20. Direct Tax ·ITAT Hyderabad · 24 Jan 2014
    Unsubstantiated material found in the pendrive cannot be considered in the hands of the assessee as a conclusive evidence so as to make additions towards unexplained credit.

    Sahitya Housing Pvt. Ltd vs DCIT

    (2014) TaxCorp(LJ) 2560 (ITAT-HYDERABAD)

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