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Landmark Rulings

All landmark rulings

21,722 rulings

  1. Direct Tax ·ITAT Delhi · 05 Sep 2014
    Whether when the DRP has failed to consider all the necssary documents furnished by the assessee, it amounts to violation of natural justice

    BOMBARDIER TRANSPORTATION INDIA LTD. Vs. ACIT

    (2014) TaxCorp(LJ) 4128 (ITAT-DELHI) · Income Tax - Sections 92CA(2), 92D (3), 143(3), 144C

  2. Direct Tax ·ITAT Panaji · 28 Aug 2014
    Whether any TDS obligation arises out of such payments remitted by the assessee

    ACIT. Vs. BHAVANI ENTERPRISES

    (2014) TaxCorp(LJ) 4127 (ITAT-PANAJI) · Income tax - Sections 2(28A), 5(2)(b), 9(1)(v), 40(a)(i), 195(1)

  3. Direct Tax ·Delhi High Court · 03 Sep 2014
    Whether when the TPO's recommendation to initiate penalty u/s 271 was not affirmative action, AO is not right in levying penalty

    CIT. Vs. BUMI HIWAY (I) PVT LTD.

    (2014) TaxCorp(LJ) 4126 (HC-DELHI) · Income tax - Sections 92CA(3), 92D, 271G

  4. Direct Tax ·Delhi High Court · 05 Sep 2014
    Whether when the expatriate technicians on deputation to India paid advance tax and self-assessment tax on salary received from the assessee's Project Office in India, the assessee is liable to interest u/s 201(A) for its failure to deduct tax at source on same sum

    CIT. Vs. BABCOCK POWER (OVERSEAS PROJECTS) LTD.

    (2014) TaxCorp(LJ) 4125 (HC-DELHI) · Income tax - Sections 10(6), 201(1A), 192

  5. Direct Tax ·ITAT Mumbai · 03 Sep 2014
    Whether interest income derived from the business activity of the eligible unit can be considered for computation of deduction u/s 10B

    TRICOM INDIA LTD. Vs. ITO

    (2014) TaxCorp(LJ) 4124 (ITAT-MUMBAI) · Income Tax - Sections 8(3), 1OB, 80G, 92C, 234B, 234C

  6. Direct Tax ·ITAT Hyderabad · 16 Sep 2014
    ITAT- No TDS u/s 194C on discharging excise duty liability of job workers

    VST INDUSTRIES Vs ADDL CIT

    (2014) TaxCorp(LJ) 4123 (ITAT-HYDERABAD)

  7. Direct Tax ·ITAT Mumbai · 12 Sep 2014
    Whether a sum paid towards compensation on account of personal injury caused by fraud and breach of trust is to be treated as capital receipt and the same is beyond the purview of charging section of the I-T Act in India

    ITO. Vs. VINAY P KARVE

    (2014) TaxCorp(LJ) 4122 (ITAT-MUMBAI) · Income Tax - NRI - Sections 56, 131, 133A, 143(3), 234B

  8. Direct Tax ·ITAT Delhi · 15 Sep 2014
    Whether when passport lost by the assessee is already renewed by State "A" on which passport the assessee was travelling in State "B" on that date during his stay in State "B", the obligation to correspond with the State "A" can be said to have been discharged

    ACIT. Vs SUDHIR SAREEN

    (2014) TaxCorp(LJ) 4121 (ITAT-DELHI) · Income tax - Sections 2(30), 5(2), 6, 139, 142(1), 143(1) & (2)

  9. Direct Tax ·ITAT Delhi · 12 Sep 2014
    Whether, for the purpose of TP adjustment, when the assessee is a small-size company, selection of giant comparables with huge turnover will certainly not be appropriate

    CASH EDGE INDIA PVT LTD. Vs. ITO

    (2014) TaxCorp(LJ) 4120 (ITAT-DELHI) · Income tax - Sections 143(3), 144C

  10. Direct Tax ·ITAT Mumbai · 22 Aug 2014
    Whether when assessee, a distributor of its AE's broadcast services, incurs AMP expenses in relation to a cricket match held outside India, TP adjustment is required to be made only for a part of expenses incurred for brand building of the AE and the part to be allowed as business expenditure u/s 37

    TAJ TELEVSISION INDIA PVT LTD. Vs. DCIT

    (2014) TaxCorp(LJ) 4119 (ITAT-MUMBAI) · Income tax - Sections 37, 92B, 92C(3), 92CA, 143(3), 144C(5)

  11. Direct Tax ·ITAT Mumbai · 22 Aug 2014
    Whether TDS obligation arises even after CBDT has granted tax exemption certificate to the assessee on ECB interest payments u/s 10(15)(iv)(c)

    ACIT. Vs. M/s ESSAR STEEL LTD.

    (2014) TaxCorp(LJ) 4118 (ITAT-MUMBAI) · Income Tax – Sections 10(15)(iv)(c), 10(15)(iv)(c), 40(a)(i), 92CA(3), 143(3)

  12. Direct Tax ·Karnataka High Court · 19 Aug 2014
    Whether when the assessee accepts the TP adjustments made by the Revenue to buy peace with the Department and accordingly, revises its returns for several AYs, revisionary powers u/s 263 can be invoked when the CIT himself was a party to the agreement with the assessee for revising the returns and paying taxes as per the TP Adjustments

    CIT. Vs. SIGMA ALDRICH FOREIGN HOLDINGS COMPANY

    (2014) TaxCorp(LJ) 4117 (HC-KARNATAKA) · Income tax - Sections 92, 92C(3), 139(1), 142(1), 143(2), 263

  13. Direct Tax ·ITAT Mumbai · 22 Aug 2014
    Whether when the assessee advances loans to its AE and grants moratorium of interest, no TP adjustment can be made in such a case

    DCIT. Vs. PMP AUTO COMPONENTS PVT LTD.

    (2014) TaxCorp(LJ) 4116 (ITAT-MUMBAI) · Income Tax - Sections 92B(1), 92CA, 143(3), 144C

  14. Direct Tax ·ITAT Chennai · 09 Sep 2014
    Whether when the AO has taken a fair view for treating ad expenses as revenue expenditure, revisionary powers u/s 263 can be invoked merely on the ground of audit objection

    M/s REFEX INDUSTRIES LTD. Vs. DCIT

    (2014) TaxCorp(LJ) 4115 (ITAT-CHENNAI) · Income Tax - Sections 35D, 143(2), 263

  15. Direct Tax ·ITAT Ahmedabad · 12 Sep 2014
    Whether when the assessee is into the business of constructing roads, any real will accrue on a date prior to the date of completion of project

    MSK HIGHWAYS LTD. Vs. CIT

    (2014) TaxCorp(LJ) 4114 (ITAT-AHMEDABAD) · Income Tax - Sections 143(3), 263

  16. Direct Tax ·Bombay High Court · 12 Sep 2014
    Whether when transfer of any fund was made from special reserve created u/s 36(1)(vii) and was thereafter allowed for deduction, such transfer warrants invocation of section 263 upon subsequent amendment of section 36(1)(vii) restricting the transfer

    CIT. Vs. LIC HOUSING FINANCE LTD.

    (2014) TaxCorp(LJ) 4113 (HC-BOMBAY) · Income tax - Sections 36(1)(vii) & (viii), 41(4A), 263

  17. Direct Tax ·Bombay High Court · 12 Sep 2014
    Whether character of any stock-in-trade acquired by partners of a firm changes into a capital asset upon dissolution of the firm, without presence of any agreement regarding such conversion by the partners

    ARVIND SHAMJI CHHEDA Vs. CIT

    (2014) TaxCorp(LJ) 4112 (HC-BOMBAY) · Income tax - Section 256

  18. Direct Tax ·Delhi High Court · 04 Sep 2014
    Whether absence of physical delivery of shares in an investment transaction and incomplete broker notes, can be made a ground for treating such shares as stock-in-trade

    CIT. Vs. ANANT OVERSEAS PVT LTD.

    (2014) TaxCorp(LJ) 4111 (HC-DELHI) · Income tax - Sections 271(1)(c), 153C

  19. Direct Tax ·Delhi High Court · 05 Sep 2014
    Whether when assessee earns no dividend income even then provisions of Sec 14A come into play for disallowance of expenditure incurred on managing investments

    CIT. Vs. HOLCIM INDIA PVT LTD.

    (2014) TaxCorp(LJ) 4110 (HC-DELHI) · Income Tax - Sections 3, 10, 14A, 37

  20. Direct Tax ·ITAT Jodhpur · 09 Sep 2014
    Whether JCB expenses are in the nature of contract work covered u/s. 194C

    ITO. Vs. BHERUNATH MINERALS

    (2014) TaxCorp(LJ) 4109 (ITAT-JODHPUR) · Income Tax - Sections 40(a)(ia), 68, 139(1), 194C

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