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Landmark Rulings

All landmark rulings

21,533 rulings

  1. Direct Tax ·ITAT Surat · 12 Mar 2021
    There is no conscious concealment on the part of assessee and holds, An inadvertent omission for error in the original return, particularly when it is corrected by a revised return, or a rectification petition, would not attract penalty under section 271(1) (c ).

    R.S. Tradelink Pvt. Ltd Vs The Assistant Commissioner of Income Tax

    (2021) TaxCorp(LJ) 26347 (ITAT-SURAT)

  2. Direct Tax ·ITAT Delhi · 12 Mar 2021
    Non-compliance by assessee was not intentional and that full compliance could not be made because of large number of parties to whom the payments were made, further enormous work was involved in compilation of the information and due to paucity of time the same could not be furnished.

    CL EDUCATE LTD. Vs Additional Commissioner Income Tax

    (2021) TaxCorp(LJ) 26346 (ITAT-DELHI)

  3. Direct Tax ·ITAT Delhi · 11 Mar 2021
    The amendment in 1st proviso would apply to a case where the stay is sought and granted for the first time on or after 01.04.2020 and the 2nd proviso will apply to the case where extension is sought for the stay so granted under the amended provision of 1st proviso.

    Maruti Suzuki (I) P. Ltd Vs DCIT

    (2021) TaxCorp(LJ) 26339 (ITAT-DELHI) · Section 254(2A)

  4. Direct Tax ·Madras High Court · 11 Mar 2021
    No substantial question of law arises for HC's consideration as the issue is already covered by the decision of the Andhra Pradesh High Court, followed in the present case.

    Ambika Cotton Mills Ltd Vs Commissioner of Income Tax

    (2021) TaxCorp(LJ) 26338 (HC-MADRAS)

  5. Direct Tax ·Delhi High Court · 11 Mar 2021
    No substantial question of law arose for its consideration.

    Krishan Kumar Modi Vs PCIT (CENTRAL) -3

    (2021) TaxCorp(LJ) 26337 (HC-DELHI)

  6. Direct Tax ·Supreme Court · 11 Mar 2021
    There is no mechanism to enable to collect STT beyond client code.

    NATIONAL STOCK EXCHANGE Vs Pr.Commissioner of Income Tax-7

    (2021) TaxCorp(LJ) 26336 (SC)

  7. Direct Tax ·Supreme Court · 11 Mar 2021
    Scope of post search assessment should be limited to incriminating evidence found during search only.

    SKS ISPAT AND POWER LTD. Vs COMMISSIONER OF INCOME TAX CENTRAL IV MUMBAI

    (2021) TaxCorp(LJ) 26335 (SC) · Section 153A

  8. Direct Tax ·Supreme Court · 11 Mar 2021
    Assessee is entitled to avail of the unabsorbed depreciation beyond the period of 8 years, prescribed under the pre-amendment Section 32.

    Central Electronics Ltd. Vs PRINCIPAL COMMISSIONER OF INCOME TAX DELHI 2

    (2021) TaxCorp(LJ) 26334 (SC)

  9. Direct Tax ·Supreme Court · 11 Mar 2021
    Counsel for Revenue was unable to dispute the legal proposition laid down in the aforementioned ruling, and accordingly, dismissed the appeal.

    Jindal Aluminium Ltd Vs THE COMMISSIONER OF INCOME TAX CIT (A) & ANR.

    (2021) TaxCorp(LJ) 26333 (SC) · Section 80-IA

  10. Direct Tax ·ITAT Chennai · 10 Mar 2021
    Issue price is not justifiable as per any scientific method or Rule 11UA.

    Sindya Securities and Investments Pvt.Ltd. Vs The Assistant Commissioner of Income Tax

    (2021) TaxCorp(LJ) 26329 (ITAT-CHENNAI)

  11. Direct Tax ·ITAT Chennai · 10 Mar 2021
    Though the reason given by Assessee for filing the appeal is neither convincing nor satisfactory, since the assessee intends to go for VIvad-Se-Vishwas Scheme and pay the resulting taxes and put an end to the litigation, we are convinced that the delay needs to be condoned as a special case.

    Shri Subramanyan Kumar Vs The ACIT

    (2021) TaxCorp(LJ) 26328 (ITAT-CHENNAI)

  12. Direct Tax ·ITAT Delhi · 10 Mar 2021
    It has become apparently clear that due to apathy of the Revenue Department, assessee has been pushed to protracted litigation since 2010 as he is running from pillar to post to get refund otherwise admissible to him.

    Jasjit Singh Vs ITO

    (2021) TaxCorp(LJ) 26327 (ITAT-DELHI)

  13. Direct Tax ·ITAT Pune · 10 Mar 2021
    Expenses incurred by the assessee in foreign exchange should be reduced from both the export turnover as well as total turnover while computing deduction u/ss.10A/10AA.

    Barclays Shared Services Private Limited Vs ACIT

    (2021) TaxCorp(LJ) 26326 (ITAT-PUNE) · Sections 10A, 10AA

  14. Direct Tax ·Foreign · 10 Mar 2021
    The Canadian tax system is one of self-assessment and self-reporting, which was accepted by the Minister as filed, remarks that there is no evidence that the Minister applied the test of central management and control for the aforementioned years.

    Landbouwbedrijf Backx B.V Vs Her Majesty The Queen

    (2021) TaxCorp(LJ) 26325 (FOREIGN)

  15. Direct Tax ·ITAT Delhi · 09 Mar 2021
    Goodwill would fall under the expression any other business or commercial right of a similar nature as per Sec.32(1)(ii).

    JX Nippon Two Lubricants India Pvt. Ltd Vs DCIT

    (2021) TaxCorp(LJ) 26318 (ITAT-DELHI)

  16. Direct Tax ·Delhi High Court · 09 Mar 2021
    Revenue did not lead any evidence to show connection of accused Director No. 2 with undisclosed income; After submission of ITR under Sec. 139(1), Revenue conducted search and seizure operations under Sec. 132 following which assessee company disclosed additional income of Rs. 1.21 Crore.

    M/s. Shourya Tower (P) Ltd. Vs ITO

    (2021) TaxCorp(LJ) 26317 (HC-DELHI)

  17. Direct Tax ·ITAT Bangalore · 09 Mar 2021
    The circumstances surrounding the case are not strong enough to justify the rejection of the assessee's plea of asking the copies of seized material and providing an opportunity of cross examination of the parties concerned.

    D.S. Suresh Vs Assistant Commissioner of Income Tax

    (2021) TaxCorp(LJ) 26316 (ITAT-BANGALORE)

  18. Direct Tax ·ITAT Delhi · 08 Mar 2021
    ESI/PF dues paid beyond prescribed period is not an allowable deduction.

    Dabur India Limited Vs Addl. CIT

    (2021) TaxCorp(LJ) 26315 (ITAT-DELHI) · Sections 80IB, 80IC

  19. Direct Tax ·ITAT Chennai · 08 Mar 2021
    For invoking the provisions of section 41(1), the prerequisite is that the liability sought to be treated as income must have been claimed as a deduction during any earlier AYs and in the present year, the assessee must have derived some benefit on account of remission or cessation of liability.

    Ravindra Arunachala Nadar Vs The ACIT

    (2021) TaxCorp(LJ) 26314 (ITAT-CHENNAI) · Section 41(1)

  20. Direct Tax ·Supreme Court · 02 Mar 2021
    Taxability of sums received for supply of software as "royalty": Given the definition of royalties contained in Article 12 of the DTAAs, the amounts paid by resident Indian end-users/ distributors to non-resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements is not the payment of royalty for the use of copyright in the computer software and that the same does not give rise to any income taxable in India, as a result of which the persons referred to in section 195 of the Income Tax Act were not liable to deduct any TDS under section 195 of the Income Tax Act. The provisions contained in the Income Tax Act (section 9(1)(vi), along with explanations 2 and 4 thereof), which deal with royalty, not being more beneficial to the assessees, have no application in the facts of these cases

    Engineering Analysis Centre Of Excellence Private Limited vs. CIT

    (2021) TaxCorp(LJ) 26307 (SC)

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