All landmark rulings

1. Direct Tax ·ITAT Mumbai · 03 Dec 2020
   We see no need to address the broader issue of whether or not tax is deductible from the payments made by the assessee to Facebook Ireland Limited for the advertisements placed on Facebook, and whether or not income embedded in such payments in taxable in India.

   Interactive Avenues Private Limited Vs Deputy Commissioner of Income Tax

   (2020) TaxCorp(LJ) 24718 (ITAT-MUMBAI)

2. Direct Tax ·Bombay High Court · 02 Dec 2020
   On a plain reading of clause (c) of Section 80IB(10) of the IT Act, it is evident that the same does not exclude the principle of proportionality in any manner.

   M/s. Models Construction Pvt. Ltd. Vs Deputy Commissioner of Income Tax

   (2020) TaxCorp(LJ) 24711 (HC-BOMBAY) · Section 80IB(10)

3. Direct Tax ·ITAT Jaipur · 02 Dec 2020
   In the instant case, the Revenue failed to specify any defects in the recasted books and its addition of Rs. 50 Lac to the income, on the basis of possible leakage of revenues, is clearly ad hoc and cannot be legally sustained under Sec. 145(3).

   The DCIT Vs M/s Mojika Real Estate & Developers Pvt. Ltd.

   (2020) TaxCorp(LJ) 24710 (ITAT-JAIPUR)

4. Direct Tax ·ITAT Visakhapatnam · 01 Dec 2020
   Revenue, on suspecting unaccounted cash receipts ought to have referred cost of construction to DVO and taxed the difference u/s 69C.

   DCIT Vs Paruchuru Satish Kumar (HUF)

   (2020) TaxCorp(LJ) 24703 (ITAT-VISAKHAPATNAM) · Section 132(4)

5. Direct Tax ·ITAT Delhi · 01 Dec 2020
   Explanation cannot defeat the intention and purpose of a section and as such the application of Explanation 3 will have to be in accordance with checks and balances which are applicable at the time of issuance of notice under section 148.

   INS Finance & Investment P. Ltd. Vs ITO

   (2020) TaxCorp(LJ) 24702 (ITAT-DELHI)

6. Direct Tax ·Gujarat High Court · 30 Nov 2020
   Revenue passed a penalty order u/s 271(1)(c) and initiated criminal proceedings u/s 276C(2) on the demand arising out of CIT(A) order.

   HEMAL MANUBHAI PATEL Vs STATE OF GUJARAT

   (2020) TaxCorp(LJ) 24701 (HC-GUJARAT)

7. Direct Tax ·ITAT Kolkata · 27 Nov 2020
   Assessee is directed to file before AO, the amount of dividend paid, copy of agreement and other relevant documents, as required by AO.

   DCIT Vs Reckitt Benckiser (I) Pvt. Ltd.

   (2020) TaxCorp(LJ) 24700 (ITAT-KOLKATA)

8. Direct Tax ·Delhi High Court · 27 Nov 2020
   It is in the interest of justice to have a common trial for all three complaints.

   Paraminder Singh Kalra Vs The CIT

   (2020) TaxCorp(LJ) 24688 (HC-DELHI)

9. Direct Tax ·Madras High Court · 27 Nov 2020
   It may not be necessary for this Court to decide the Substantial Questions of Law framed for consideration.

   M/s. Nannusamy Mohan(HUF) Vs The Assistant Commissioner Income Tax

   (2020) TaxCorp(LJ) 24686 (HC-MADRAS)

10. Direct Tax ·ITAT Bangalore · 27 Nov 2020
    Cash basis for taxing FTS under India-Germany DTAA is permitted.

    M/s. ABB AG Vs Deputy Commissioner of Income-tax (International Taxation)

    (2020) TaxCorp(LJ) 24685 (ITAT-BANGALORE)

11. Direct Tax ·ITAT Ahmedabad · 27 Nov 2020
    The primary onus lay upon the assessee to establish that the assessee does not hold the voting power beyond the stipulated threshold limit in the same proportion as equity shares for which burden was sought to be wrongly shifted upon the AO.

    Shri Tyrone Patrick Lemos Vs The Income Tax Officer

    (2020) TaxCorp(LJ) 24684 (ITAT-AHMEDABAD) · Section 151

12. Direct Tax ·ITAT Indore · 25 Nov 2020
    It's the prerogative of the Revenue to cancel/ withdraw the registration granted by it u/s 12AA, if at anytime it finds that assessee engages in commercial activities and utilizes its funds for the purposes other than purpose as mentioned in the MOA.

    AIC-RNTU Foundation Vs CIT(Exemption)

    (2020) TaxCorp(LJ) 24683 (ITAT-INDORE) · Section 12AA

13. Direct Tax ·ITAT Chennai · 25 Nov 2020
    Assessee did not deliberately concealed particulars of income or evade payment of taxes.

    M/s. Advent Computer Services Ltd. Vs The Assistant Commissioner of Income Tax

    (2020) TaxCorp(LJ) 24682 (ITAT-CHENNAI)

14. Direct Tax ·ITAT Mumbai · 25 Nov 2020
    Pre-amendment provisions of Sec. 56(2)(vii)(b) would not be applicable to transactions where substantial obligations have been discharged prior to coming into effect of the amendment and only the registration was done post-amendment.

    Shri Siraj Ahmed Jamalbhai Bora Vs Income Tax Officer

    (2020) TaxCorp(LJ) 24681 (ITAT-MUMBAI) · Section 56(2)(vii)(b)

15. Direct Tax ·ITAT Mumbai · 27 Nov 2020
    The revenue is authorised to collect taxes in accordance with law as per Article 265 of the Constitution of India and not based on the consent or acceptance of the assessee either in the return or during the course of assessment or appellate proceedings.

    Dy. Commissioner of Income Tax Vs M/s. Godrej Properties Limited

    (2020) TaxCorp(LJ) 24680 (ITAT-MUMBAI)

16. Direct Tax ·Karnataka High Court · 26 Nov 2020
    The expression expenditure will also include a loss and therefore, issuance of shares at a discount where the assessee absorbs the difference between the price at which it is issued and the market value of shares would also be expenditure incurred for the purposes of Sec.37(1).

    M/S BIOCON LTD. Vs The CIT, The DCIT

    (2020) TaxCorp(LJ) 24672 (HC-KARNATAKA) · Section 37

17. Direct Tax ·Patna High Court · 26 Nov 2020
    HC - Writ dismissed against ITSC order - As a policy matter, Revenue is not to prolong litigations but bring finality, particularly when the amount of Revenue involved is not more than two crores.

    The Commissioner of Income Tax (Central) Vs Income Tax Settlement Commission (IT & WT)

    (2020) TaxCorp(LJ) 24671 (HC-PATNA)

18. Direct Tax ·ITAT Kolkata · 26 Nov 2020
    ITAT - When effect of excess purchase price had already been neutralized in the Profit & Loss A/c by way of enhancing the closing stock value of almost same value, no addition is called for.

    ITO, WARD-27 (2) , HALDIA VERSUS SHRI AJABULL KHAN

    (2020) TaxCorp(LJ) 24670 (ITAT-KOLKATA) · https://taxcorp.in/FileOpenDT.aspx?ID=86831&Category=ITAT&CategoryType=Zip

19. Direct Tax ·ITAT Mumbai · 26 Nov 2020
    ITAT - When the assessee tries to explain the tax authorities they did not believe and also not verified the same by calling for explanation from the tax auditors. In our considered view that tax authorities should have called for clarification from the tax auditor and completed assessment based on the clarification.

    SANKALPAN INFRASTRUCTURE PVT. LTD. VERSUS ITO 15 (3) (3) , MUMBAI

    (2020) TaxCorp(LJ) 24669 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=86832&Category=ITAT&CategoryType=Zip

20. Direct Tax ·ITAT Bangalore · 26 Nov 2020
    ITAT - The notice of demand issued along with the draft assessment order is a legal nullity and does not exist in the eyes of law, since no valid demand could be raised under the draft assessment order. A document, which is held to be a legal nullity, cannot vitiate the assessment proceeding and the assessment order.

    M/S. THE HIMALAYA DRUG COMPANY MAKALI, BENGALURU VERSUS ACIT CENTRAL CIRCLE-1 (1) BENGALURU

    (2020) TaxCorp(LJ) 24668 (ITAT-BANGALORE) · https://taxcorp.in/FileOpenDT.aspx?ID=86835&Category=ITAT&CategoryType=Zip

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