All landmark rulings

1. Direct Tax ·ITAT Hyderabad · 29 Jan 2022
   Once addition was made under one provision, it cannot be made under another provision.

   Autozilla Solutions Pvt. Ltd Vs Income-tax Officer

   (2022) TaxCorp(LJ) 28265 (ITAT-HYDERABAD) · Section 56(2)(viib)

2. Direct Tax ·ITAT Hyderabad · 29 Jan 2022
   For the purpose of calculation of capital gains u/s 48 the fair market value of the assessee on the date of such conversion or treatment shall be deemed to be the full value of the consideration received or accruing as a result of the transfer of the capital asset.

   M/S. KYORI INFRASTRUCTURE PVT LTD. VERSUS DCIT, CIRCLE-2 (1) , HYDERABAD

   (2022) TaxCorp(LJ) 28264 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95285&Category=ITAT&CategoryType=Zip

3. Direct Tax ·ITAT Delhi · 29 Jan 2022
   Once the Assessing Officer has taken a view based on the explanation as well as evidence filed by the assessee, it cannot be the case of lack of enquiry. At the best, it is inadequate enquiry and, therefore, in such a situation the assessment order cannot be cancelled or set aside.

   SHRI VARUN KHANDELWAL VERSUS PR. CIT, DELHI : 24, NEW DELHI.

   (2022) TaxCorp(LJ) 28263 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95287&Category=ITAT&CategoryType=Zip

4. Direct Tax ·ITAT Delhi · 29 Jan 2022
   Principles of natural justice demands that the assessee should be given an opportunity to rebut the statement of third party which is the basis for addition and an opportunity to cross-examine the same person, if demanded.

   M/S. PRIYA DIAMONDS PVT. LTD. VERSUS THE ACIT, CENTRAL CIRCLE – 25, JHANDEWALAN, NEW DELHI.

   (2022) TaxCorp(LJ) 28262 (ITAT-DELHI) · https://taxcorp.in/FileOpenDT.aspx?ID=95288&Category=ITAT&CategoryType=Zip

5. Direct Tax ·ITAT Hyderabad · 29 Jan 2022
   Operational loss computed by the assessee coming under the purview of principle of mutuality cannot enter the computation of total income as envisaged u/s.2(45) of the Act.

   SECUNDERABAD CLUB, HYDERABAD VERSUS INCOME TAX OFFICER, WARD-10 (2) , HYDERABAD

   (2022) TaxCorp(LJ) 28261 (ITAT-HYDERABAD) · https://taxcorp.in/FileOpenDT.aspx?ID=95290&Category=ITAT&CategoryType=Zip

6. Direct Tax ·Karnataka High Court · 29 Jan 2022
   In the interest of justice we deem it just and appropriate to set aside the impugned order and remit the matter back to respondent No.1 for reconsideration afresh after providing an opportunity in favour of the petitioner to provide/furnish the relevant information.

   ARPITHA AGENCIES VERSUS ASSESSING OFFICER, INCOME TAX OFFICER, NATIONAL E ASSESSMENT CENTRE, JURISDICTIONAL ASSESSING OFFICER, PRINCIPAL COMMISSIONER OF INCOME TAX-6

   (2022) TaxCorp(LJ) 28260 (HC-KARNATAKA) · https://taxcorp.in/FileOpenDT.aspx?ID=86440&Category=Judgment&CategoryType=Zip

7. Direct Tax ·Bombay High Court · 29 Jan 2022
   The true evaluation of the law in its bearing on the assessment must be made directly and solely by the Income Tax Officer.

   GLAXOSMITHKLINE PHARMACEUTICALS LTD. VERSUS ASST. /DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 77 (1) (1) , MUMBAI, PRINCIPAL COMMISSIONER OF INCOME TAX RANGE-7, MUMBAI, THE UNION OF INDIA

   (2022) TaxCorp(LJ) 28259 (HC-BOMBAY) · https://taxcorp.in/FileOpenDT.aspx?ID=86441&Category=Judgment&CategoryType=Zip

8. Direct Tax ·ITAT Indore · 28 Jan 2022
   The details imperative to be disclosed to the auditor and consequently in Form 3CEB were fairly disclosed by the assessee and it was not Revenue's case that the particulars disclosed were inaccurate or defective.

   Ruchi J. Oil Pvt. Ltd Vs ACIT

   (2022) TaxCorp(LJ) 28258 (ITAT-INDORE) · Section 271AA

9. Direct Tax ·Rajasthan High Court · 28 Jan 2022
   A notice which had become time barred prior to 01.04.2021 as per the then prevailing provisions, would not be revived by virtue of the application of Section 149(1)(b) effective from 01.04.2021.

   Sudesh Taneja Vs Income Tax Officer

   (2022) TaxCorp(LJ) 28257 (HC-RAJASTHAN)

10. Direct Tax ·AP High Court · 28 Jan 2022
    It is not open to the Assessing Officer to try to evade from the binding effect of a Supreme Court decision by trying to find out distinguishing features.

    Mylan Laboratories Limited Vs The Additional/Joint/Deputy/Assistant Commissioner of Income Tax/income-Tax Officer National Faceless Assessment Centre, Income Tax Department

    (2022) TaxCorp(LJ) 28256 (HC-AP)

11. Direct Tax ·Supreme Court · 28 Jan 2022
    The reasons based on which the CIT(A) concluded that the set up was an expansion of the old unit and not a new unit were not compliant with the tests formulated in the aforesaid rulings and applied in the instant case.

    Sociedade De Fomento Industrial Pvt. Ltd Vs THE COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 28255 (SC) · Section 10B

12. Direct Tax ·ITAT Mumbai · 28 Jan 2022
    Amendment u/s 11(7) preventing a trust from claiming exemption u/s 10(34) is applicable w.e.f. AY 2015-16 and cannot be made applicable to earlier years.

    Navajbhai Ratan Tata Trust Vs Asst. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28254 (ITAT-MUMBAI)

13. Direct Tax ·ITAT Mumbai · 11 Jun 2021
    Reassessment order passed by the JCIT, Range-17, Mumbai is void-ab-initio and liable to be quashed, because the A.O who had passed the assessment order does not possesses valid authority and jurisdiction to pass such order in absence of separate order u/s 120(4)(b).

    The Indian Hotels Company Ltd Vs The Additional Commissioner of Income Tax / Dy. Commissioner of Income Tax (OSD)

    (2022) TaxCorp(LJ) 28253 (ITAT-MUMBAI)

14. Direct Tax ·Delhi High Court · 11 Jun 2021
    Ideally AO should have adjusted the outstanding demand against refunds payable.

    Genpact India Private Limited Vs PRINCIPAL COMMISSIONER OF INCOME TAX-4 & ORS.

    (2022) TaxCorp(LJ) 28252 (HC-DELHI)

15. Direct Tax ·ITAT Delhi · 11 Jun 2021
    Directions of the PCIT beyond the scope of scrutiny not legally valid.

    Manoj Singhal Vs Pr. CIT

    (2022) TaxCorp(LJ) 28251 (ITAT-DELHI) · Section 263

16. Direct Tax ·ITAT Mumbai · 10 Jun 2021
    Leave encashment is not a statutory liability but a contractual liability and hence does not attract Section 43B.

    GBTL Ltd Vs DCIT

    (2022) TaxCorp(LJ) 28250 (ITAT-MUMBAI)

17. Direct Tax ·ITAT Ahmedabad · 10 Jun 2021
    It was an undisputed fact that the AE paid the salary to Tim and Matt, complied with TDS requirements and Tim and Matt also filed their return of income in India.

    Lubrizol Advanced Materials Inc Vs A.C.I.T

    (2022) TaxCorp(LJ) 28249 (ITAT-AHMEDABAD)

18. Direct Tax ·ITAT Agra · 09 Jun 2021
    Unless such a satisfaction, as envisaged under Section 12AA of the Act of 1961 is recorded by the Commissioner, a direction for its registration should not be given by the Tribunal.

    Doctor Madan Lal Atri Charitable Trust Vs CIT

    (2022) TaxCorp(LJ) 28248 (ITAT-AGRA) · Section 12AA

19. Direct Tax ·ITAT Chandigarh · 11 Jun 2021
    The condition for registration u/s 12AA, i.e. genuineness of the activities is to be decided with the object clause of institution.

    Building Committee (Society) Barnala Vs CIT (Exemption)

    (2022) TaxCorp(LJ) 28247 (ITAT-CHANDIGARH) · Section 2(15)

20. Direct Tax ·ITAT Pune · 11 Jun 2021
    The amendment of Finance Act, 2014 is prospective and applicable w.e.f. April 1, 2015.

    Prima Private Limited Vs The Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 28246 (ITAT-PUNE) · Section 54EC

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