All landmark rulings

21,662 rulings

Desk: Both Direct Tax GST

Direct Tax ·Supreme Court · 06 Oct 2015
SC - Govt. will abide by the CBDT circular dated September 2 & subsequent Press Release dated September 24 on MAT.
Castleton Investment Ltd vs. DIR of IT International Taxation
(2015) TaxCorp(LJ) 9053 (SC)
Direct Tax ·ITAT Delhi · 06 Oct 2015
ITAT - Amount received by US company for providing access to internet and other networking facilities to an Indian company is taxable as “Royalty” under Article 12(3) of India-US DTAA.
Cincom System Inc. vs. DDIT
(2015) TaxCorp(LJ) 9052 (ITAT-DELHI)
Direct Tax ·ITAT Delhi · 05 Oct 2015
ITAT - Distinction between finance lease and operating lease is not recognized under the IT Act. AS-19 on accounting for “Leases” issued by ICAI was only applicable for accounting the lease transaction in the books of account, and was not determinative of liability towards income tax.
Minda Corporation Limited vs. DCIT
(2015) TaxCorp(LJ) 9051 (ITAT-DELHI) · Section. 37
Direct Tax ·Kerala High Court · 05 Oct 2015
HC - Not correct to hold that since all the evidences were fresh and not produced during assessment, they were inadmissible in view of Rule 46A of Income-tax Rules 1962, hence the matter should have been remanded back for AO's consideration.
CIT. vs. E D Benny
(2015) TaxCorp(LJ) 9030 (HC-KERALA)
Direct Tax ·Karnataka High Court · 04 Oct 2015
HC - Sec 4 & 5 of Income tax Act are subject to Sec 90 and by necessary implication they are subject to the terms of the double taxation avoidance agreement.
Wipro Limited vs. DCIT
(2015) TaxCorp(LJ) 9029 (HC-KARNATAKA) · Sections. 4, 5
Direct Tax ·Supreme Court · 03 Oct 2015
SC - UPSC to reconsider CIT’s promotion claim to the post of CCIT. promotion can’t be denied on the basis of un-communicated ACRs.
Prabhu Dayal Khandelwal vs. Chairman, U.P.S.C. & Ors.
(2015) TaxCorp(LJ) 9028 (SC)
Direct Tax ·ITAT Mumbai · 03 Oct 2015
ITAT - Every case of confirmation of disallowance cannot be regarded as a case of furnishing of inaccurate particulars of income or concealment of income.
Sumatikumar B. Kothari vs. ACIT
(2015) TaxCorp(LJ) 9027 (ITAT-MUMBAI) · Section. 271(1)(c)
Direct Tax ·Bombay High Court · 02 Oct 2015
Strictures passed against CBDT for causing ‘very unfair discrimination' between taxpayers by extending due date for filing ROI only for taxpayers in P&H and Gujarat and not for those in other States
The Chamber Of Tax Consultants vs. UOI
(2015) TaxCorp(LJ) 9023 (HC-BOMBAY)
Direct Tax ·ITAT Ahmedabad · 02 Oct 2015
ITAT - As per Sec 271AAA(3), no penalty u/s 271(1)(c) can be imposed in respect of undisclosed income referred to in 271AAA(1). Situations in which provisions of Sec 271AAA and the provisions of Sec 271(1)(c) can apply are inherently mutually exclusive.
Naman A Shastri vs. ACIT
(2015) TaxCorp(LJ) 9022 (ITAT-AHMEDABAD) · Section. 271(1)(c)
Direct Tax ·Delhi High Court · 01 Oct 2015
HC - Service tax collected by the assessee cannot form part of gross receipts for the purpose of computing income u/s 44BB, since it does not have element of income.
DIT. vs. Mitchell Drilling International Pvt. Ltd.
(2015) TaxCorp(LJ) 9014 (HC-DELHI) · Section. 44BB
Direct Tax ·Delhi High Court · 01 Oct 2015
HC - Netting off bank-interest expense allowed against interest income earned from advancing loan to holding company assessable under the head “income from other sources”. Tuticorin Alkali (SC) Distinguished.
Vodafone South Limited vs. CIT
(2015) TaxCorp(LJ) 9013 (HC-DELHI)
Direct Tax ·Bombay High Court · 30 Sep 2015
CBDT directed to forthwith issue an order u/s 119 to extend the due date for filing ROI to 31.10.2015
The Chamber Of Tax Consultants vs. UOI
(2015) TaxCorp(LJ) 9007 (HC-BOMBAY) · Section. 119
Direct Tax ·Bombay High Court · 22 Sep 2015
Bombay HC instructs CBDT to extend ITR Due Date to 31.10.2015
The Chamber of Tax Consultants Vs. Union of India & Ors.
(2015) TaxCorp(LJ) 8989 (HC-BOMBAY)
Direct Tax ·Gujarat High Court · 30 Sep 2015
Strictures passed against CBDT for being lax and delaying issuing of the Forms and then taking adamant stand by not extending due date for filing ROI. CBDT directed to issue order u/s 119 to extend due date for filing ROI to 31.10.2015
All Gujarat Federation Of Tax Consultants vs. CBDT
(2015) TaxCorp(LJ) 8987 (HC-GUJARAT) · Section. 119
Direct Tax ·Madras High Court · 29 Sep 2015
HC - DCIT justified in exercising his discretion by treating assessee as not in default only to the extent of Rs 5 crores for which stay was allowed. Writ dismissed.
Jyothy Laboratories Ltd. vs. DCIT
(2015) TaxCorp(LJ) 8985 (HC-MADRAS) · Section. 220(6)
Direct Tax ·ITAT Mumbai · 29 Sep 2015
ITAT - Not correct to hold that in case of banks since tax- free investments were held as stock in trade, it would not attract Sec 14A disallowance.
HDFC Bank Limited vs. DCIT
(2015) TaxCorp(LJ) 8984 (ITAT-MUMBAI) · Section. 14A
Direct Tax ·P&H High Court · 29 Sep 2015
HC - On consideration of totality of facts and circumstances of the case due-date for e-filing of returns extended upto Oct. 31, 2015.
Vishal Garg vs. UOI
(2015) TaxCorp(LJ) 8969 (HC-P&H)
Direct Tax ·Kerala High Court · 08 Sep 2015
Rectification order u/s 154 cannot be made on debatable issue: HC
K.K.J. Foundations vs. The Assistant Director of Income
(2015) TaxCorp(LJ) 8968 (HC-KERALA) · Section 154
Direct Tax ·Karnataka High Court · 28 Sep 2015
Karnataka HC directs CBDT to Consider representation on Tax Audit/ ITR Due Date Extension
Karnataka State Chartered Accountants Association, Sri. Raveendra S. Kore Vs. Union of India, Central Board of Direct Taxes
(2015) TaxCorp(LJ) 8967 (HC-KARNATAKA)
Direct Tax ·ITAT Ahmedabad · 12 Jun 2015
TDS u/194C deductible when contract amount exceeds thrash hold limit
ITO v Someshwar Real Estate Pvt. Ltd.
(2015) TaxCorp(LJ) 8966 (ITAT-AHMEDABAD) · Section 194C

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