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Mere filing of SLP in the Hon’ble Supreme Court would not disturb the legal issue settled by the Hon’ble Bombay High Court.
D.Y. Patil Educational Academy Vs DCIT 2(1)(2)
(2022) TaxCorp(LJ) 28405 (ITAT-MUMBAI)
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The finding of learned CIT(Appeals) that the assessee has not provided break up of dividend is erroneous. Therefore, same cannot be sustained and assessing officer is directed to delete the addition.
Jaswant Singh Uberoi Vs JCIT
(2022) TaxCorp(LJ) 28404 (ITAT-DELHI)
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Milk parlours cannot be considered as godowns or warehouses contemplated u/s 80P(2)(e).
Hassan Co-operative Milk Producers Societies Union Ltd Vs ACIT
(2022) TaxCorp(LJ) 28403 (ITAT-BANGALORE) · Section 80P(2)(e)
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When tax rate is prescribed under DTAA, education cess is not leviable.
Magotteaux International SA Vs The Dy. C.I.T
(2022) TaxCorp(LJ) 28402 (ITAT-DELHI)
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Income under capital gains is taxable in the year of transfer and further that transfer takes place only when it becomes operational, that is, on executing the sale deed.
Beena Shammi Chaudhari Vs ITO
(2022) TaxCorp(LJ) 28401 (ITAT-PUNE)
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We are in agreement with the findings of the Assessing Officer and we sustain the addition proposed by the Assessing Officer.
ACIT – 31 (1) , MUMBAI VERSUS M/S. ECOHOMES TOWNSHIP LLP
(2022) TaxCorp(LJ) 28400 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95642&Category=ITAT&CategoryType=Zip
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Assessee has not earned any exempt income during the year, therefore no disallowance can be made u/s. 14A of the Act when assessee has not earned any exempt income.
ACIT – CIRCLE – 3 (1) (2) , MUMBAI VERSUS M/S. EIPR INDIA PVT. LTD.
(2022) TaxCorp(LJ) 28399 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95643&Category=ITAT&CategoryType=Zip
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The receipts arising from transfer of carbon credits are in the nature of capital receipts not subjected to tax.
SRF LIMITED VERSUS ASST. CIT, CIRCLE-1 LTU NEW DELHI
(2022) TaxCorp(LJ) 28398 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95644&Category=ITAT&CategoryType=Zip
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If the amount of employees' contribution towards EPF, ESI, etc is delayed by an employer beyond the due date under the respective Acts, the disallowance will be called for notwithstanding the fact that it was deposited before the due date u/s. 139 of the Act.
POWERLINK ENGINEERS LLP VERSUS ACIT, CIRCLE-2 NASHIK
(2022) TaxCorp(LJ) 28397 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95648&Category=ITAT&CategoryType=Zip
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The commission income belonged to the HUF and rightly returned by it. Therefore, correct hand for taxing such income is HUF and not the assessee.
MANISH GUPTA VERSUS THE DY. C.I.T., CENTRAL CIRCLE MEERUT
(2022) TaxCorp(LJ) 28396 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95651&Category=ITAT&CategoryType=Zip
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A piece of legislation which imposes a new obligation or attaches a new disability is considered prospective unless the legislative intent is clearly to give it a retrospective effect.
GRI RENEWABLE INDUSTRIES S.L., (FORMERLY KNOWN AS GONVARRI EOLICA S.L., VERSUS ACIT (IT) , CIRCLE-1, PUNE
(2022) TaxCorp(LJ) 28395 (ITAT-PUNE) · https://taxcorp.in/FileOpenDT.aspx?ID=95655&Category=ITAT&CategoryType=Zip
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The refund application will be processed and refund orders will be issued within two weeks from today.
Tata Communications Limited Vs The Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28394 (HC-BOMBAY)
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In the peculiar facts and circumstances of the instant case, we direct that the appellant be given benefit of the amounts deposited towards first two instalments while reckoning the tax liability of the appellant after revised assessment.
Yogesh Roshanlal Gupta Vs CENTRAL BOARD OF DIRECT TAXES
(2022) TaxCorp(LJ) 28393 (SC)
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The foreign supplies have not exceeded the threshold time limit to constitute the PE as specified in the respective DTAA and finding of both the lower authorities of constituting PE of the vendors in India deserves to be set aside.
Birla Corporation Limited Vs ITO (IT & TP)
(2022) TaxCorp(LJ) 28392 (ITAT-INDORE)
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Estimated revenue for the year and the percentage of project completed was not disputed by the AO, and thus it was not open for the CIT(A) to take a contrary view in the remand proceedings without any corroborative evidence on record.
Nortel Networks India Pvt. Ltd Vs Dy. CIT
(2022) TaxCorp(LJ) 28391 (ITAT-DELHI)
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The legislative amendment made in section 263 by way of insertion of Explanation 2 in Finance Act, 2015 w.e.f. 01.06.2015 that an assessment order passed without making enquiry or verification is deemed to be an erroneous one in so far as it is prejudicial to the interest of Revenue.
SMT. VYJAYANTHI MUDAPAKA VERSUS INCOME TAX OFFICER, WARD 11 (1) HYDERABAD
(2022) TaxCorp(LJ) 28390 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95601&Category=ITAT&CategoryType=Zip
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We set aside the order of the CIT(A) and AO is directed to allow the exemption.
CHURCH’S AUXILIARY FOR SOCIAL ACTION VERSUS ITO, TRUST WARD-III, NEW DELHI.
(2022) TaxCorp(LJ) 28389 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95604&Category=ITAT&CategoryType=Zip
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The assessee is entitled to deduction being the provision created on account of fraud committed by one of its employees which caused loss to the leasing company. Therefore AO is directed to allow the deduction in full.
HELTI INDIA PVT. LTD. VERSUS ADDL. CIT, SPECIAL RANGE-4, NEW DELHI.
(2022) TaxCorp(LJ) 28388 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95608&Category=ITAT&CategoryType=Zip
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Explanation merely explains the main section and is not meant to carve out a particular exception to the contents of the main section.
M/S G.P ENGINEERING WORKS KACHHWA AND 2 OTHERS VERSUS UNION OF INDIA AND 3 OTHERS
(2022) TaxCorp(LJ) 28387 (HC-ALLAHABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=86557&Category=Judgment&CategoryType=Zip
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Since credit worthiness and the genuinity of the investments have been sufficiently established by the assessee, therefore addition is deleted.
PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-1, KOLKATA VERSUS M/S. ANMOL STAINLESS PVT. LTD.
(2022) TaxCorp(LJ) 28386 (HC-CALCUTTA) · https://taxcorp.in/FileOpenDT.aspx?ID=86558&Category=Judgment&CategoryType=Zip
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