All landmark rulings

21,519 rulings

Desk: Both Direct Tax GST

Direct Tax ·Madras High Court · 24 Dec 2021
The stage of the proceedings is irrelevant for alteration of the charge.
G. Victor Devasahayam Vs The Assistant Commissioner of Income Tax
(2021) TaxCorp(LJ) 28002 (HC-MADRAS)
Direct Tax ·Karnataka High Court · 24 Dec 2021
AO is directed to pass appropriate order pursuant to the conclusion of proceedings with the DRP.
Azuga Telematics Private Limited Vs The Additional Income Tax officer
(2021) TaxCorp(LJ) 28001 (HC-KARNATAKA)
Direct Tax ·ITAT Pune · 23 Dec 2021
ITAT - Payment to AE in Belgium for using the IT Infrastructure facility falls within the ambit of royalty u/s 9(1)(vi) as also under Article 12 of India- Belgium DTAA - Disallowance u/s 40(a)(i) for TDS default justified.
Bekaert Industries Private Limited Vs DCIT
(2021) TaxCorp(LJ) 27998 (ITAT-PUNE)
Direct Tax ·Bombay High Court · 23 Dec 2021
HC - Writ Dismissed - Rejection of applications under VsV Act on the grounds of pending criminal proceedings justified.
Reliance Industries Limited Vs Chief Commisioner of Income Tax
(2021) TaxCorp(LJ) 27997 (HC-BOMBAY)
Direct Tax ·Delhi High Court · 23 Dec 2021
HC - Assessment order passed without DRP directions set aside.
Fiberhome India Private Limited Vs NATIONAL E-ASSESSMENT CENTRE, ADDITIONAL – JOINT – DEPUTY – ASSISTANT COMMISSIONER OF INCOME TAX – INCOME-TAX OFFICER
(2021) TaxCorp(LJ) 27996 (HC-DELHI)
Direct Tax ·ITAT Mumbai · 22 Dec 2021
ITAT - Section 80-IA(12A) neutralizes the applicability of Section 80-IA(12) only and do not disentitle the successor entity to claim deduction u/s 80-IA - Hence, deduction u/s 80-IA received under a scheme of amalgamation for the residual period is available.
Ultratech Cement Ltd Vs DCIT
(2021) TaxCorp(LJ) 27989 (ITAT-MUMBAI) · Section 80-IA
Direct Tax ·Delhi High Court · 22 Dec 2021
Mere fact that decision is not acceptable to the Revenue cannot be a ground for not following the decision of higher authority.
Cotecna Inspection SA Vs INCOME TAX OFFICER WARD INTERNATIONAL TAX
(2021) TaxCorp(LJ) 27988 (HC-DELHI)
Direct Tax ·Bombay High Court · 21 Dec 2021
HC - Writ dismissed - Prima facie the ingredients of the offences u/s 276C(1) were satisfied - No prerequisite that detailed reasons for sanctioning prosecution to be given.
Nayan Jayantilal Balu Vs Union of India
(2021) TaxCorp(LJ) 27981 (HC-BOMBAY) · Section 276C
Direct Tax ·Supreme Court · 21 Dec 2021
A challenge of this nature would have to be brought before the Court by a person aggrieved.
Amit Sahni Vs UNION OF INDIA & ANR.
(2021) TaxCorp(LJ) 27980 (SC)
Direct Tax ·Bombay High Court · 21 Dec 2021
HC - Cost of raising floor of water-logging prone warehouse resulted in the benefit of continued business and increased compensation from the customer and as such the expenditure to be related conduct of Assessee’s business and integral part of profit earning process, and thus revenue in nature.
Jetha Properties Private Limited Vs The Commisioner of Income Tax
(2021) TaxCorp(LJ) 27979 (HC-BOMBAY)
Direct Tax ·ITAT Kolkata · 20 Dec 2021
ITAT - Education cess is not deductible u/s 40(a)(ii) since education cess is additional surcharge as per the Finance Acts. Disagrees from Bombay HC ruling in Sesa Goa and Rajasthan HC ruling in Chambal Fertilizerssince. Relied on SC ruling where surcharge and additional surcharge were held to be a part of the income-tax.
Kanoria Chemicals & Industries Ltd Vs Addl. CIT
(2021) TaxCorp(LJ) 27972 (ITAT-KOLKATA) · Section 40(a)(ii)
Direct Tax ·Supreme Court · 20 Dec 2021
SC - Pending disposal of appeal, status-quo shall be maintained by the parties and to facilitate an early disposal - Dispose appeal preferably in 3 months.
Indus Towers Ltd. Vs ASSISTANT COMMISSIONER OF INCOME TAX
(2021) TaxCorp(LJ) 27971 (SC)
Direct Tax ·Calcutta High Court · 18 Dec 2021
HC - Assessee has been put to prejudice which cannot be remedied and also no sufficient cause has been shown for such delay, declines to condone the inordinate delay in filing the appeal.
Nitu Agarwal Vs PRINCIPAL COMMISSIONER OF INCOME
(2021) TaxCorp(LJ) 27970 (HC-CALCUTTA)
Direct Tax ·ITAT Bangalore · 18 Dec 2021
ITAT - Irrecoverable advance paid in the course of business allowed as trading loss as assessee had proceeded u/s 138 of the Negotiable Instruments Act against the managing director of the entity.
Foretell Business Solutions Pvt. Ltd Vs The Income Tax Officer
(2021) TaxCorp(LJ) 27969 (ITAT-BANGALORE)
Direct Tax ·ITAT Mumbai · 18 Dec 2021
Assessee’s treatment of the rental income is upheld.
Lewis Family Trust Vs ITO
(2021) TaxCorp(LJ) 27968 (ITAT-MUMBAI) · Section 24(a)
Direct Tax ·ITAT Bangalore · 18 Dec 2021
The Assessee being a partnership firm, was not under a statutory obligation for complying with the CSR provisions.
M.Hanumantha Rao Vs The Assistant Commissioner of Income-tax
(2021) TaxCorp(LJ) 27967 (ITAT-BANGALORE) · Section 37(1)
Direct Tax ·ITAT Delhi · 18 Dec 2021
The expenses incurred in connection with the issue of shares to increase the share capital with the object of enhancement of capital to have more working funds would be treated as revenue expenditure.
PC Jewellers Ltd Vs ACIT
(2021) TaxCorp(LJ) 27966 (ITAT-DELHI) · Sections 37(1), 35D
Direct Tax ·ITAT Delhi · 18 Dec 2021
Since amendment of Finance Act 2014 did not specifically state that it had retrospective effect, it would be applicable prospectively.
Aleo Manali Hydro Power Pvt. Ltd Vs Income-tax Officer(TDS)
(2021) TaxCorp(LJ) 27965 (ITAT-DELHI) · Section 201(3)
Direct Tax ·ITAT Delhi · 18 Dec 2021
The CIT(A)’s order is being upheld, and interest, depreciation and other expenses are being allowed as business expenses.
Ruchi Malls Pvt. Ltd Vs ACIT
(2021) TaxCorp(LJ) 27964 (ITAT-DELHI)
Direct Tax ·ITAT Mumbai · 18 Dec 2021
Non-taxable capital receipt will include the sales tax refunded as subsidy.
Shree Vaishnav Casting Pvt. Ltd Vs DCIT
(2021) TaxCorp(LJ) 27963 (ITAT-MUMBAI)

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