Tags : Maintenance, Increase, CRR
CBDT Notifies Scrapping of Certain Forms for Income Tax Deductions(05.04.2021)
Central Board of Direct Taxes (CBDT) has notified that Form 10G, 56, 3CF-I, 3CF-II and 3CF-III under the Income Tax Act, 1961 ceased to be effective o.....
Tags : Central Board of Direct Taxes, Forms for Income Tax Deductions
Gujarat HC Sets Aside Single Judge Order Restraining Inquiry Commission from Submitting Report(05.04.2021)
Gujarat High Court has set aside a Single Bench order restraining a State-appointed Inquiry Commission from pronouncing its report in the unfortunate .....
Tags : Gujarat High Court, Rajkot Hospital Fire Incident
ITAT, Mumbai: Incidental Activities of Trust of Charitable Purpose Not Commercial Activities(06.04.2021)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that where the purpose of the trust is relief to poor, education, or medical relief, the other a.....
Tags : Income Tax Appellate Tribunal, Incidental Activities of Trust of Charitable Purpose
Delhi HC Directs for Alternate Remedies to Family of a Man Incorrectly Buried in Saudi Arabia(06.04.2021)
Delhi High Court has directed the Ministry of External Affairs to expedite and suggest alternate legal remedies for the process of exhumation and tran.....
Tags : Delhi High Court, Man Incorrectly Buried in Saudi Arabia
ITAT, Jaipur Allows Deduction u/s 54F on Residential House Property Purchased in Name of Wife(07.04.2021)
Income Tax Appellate Tribunal (ITAT), Jaipur has allowed the deduction under section 54F of the Income Tax Act, 1961 in respect of residential house p.....
Tags : Income Tax Appellate Tribunal, Deduction u/s 54F on Residential House Property
AAR, Karnataka: 18% GST Payable on Income Earned Through Guest Lectures(17.02.2022)
Authority of Advance Ruling (AAR), Karnataka has ruled that 18% goods and services tax is payable on Income earned from conducting guest lectures.
Tags : Authority of Advance Ruling, Income Earned Through Guest Lectures
Budget 2024-25 Introduces Enhanced Deductions and Revised Tax Slabs(23.07.2024)
What is Income Tax?
Income tax is a government levy on the income earned by individuals and businesses during a financial year. "Income" enc.....
Tags : Income Tax Return, Commercial Properties, Securities Transaction Tax
Interest income to be included in tax return(01.01.1900)
The Central Board of Direct Taxes notified persons earning interest income that interest credited or received on deposits is taxable unless exempt und.....
Tags : Income tax return, interest income, inclusion
Wealth tax return not required 2016-2017 onwards(01.04.2016)
With the Central Government’s recent decision to abolish the wealth tax, the (16.02.2017)
We advise that the "Capital Small Finance Bank Limited" has been included in the Second Schedule to the Reserve Bank of India Act, 1934 vide Notificat.....
Tags : Inclusion, Bank, Second Schedule, Act
Guidelines under clause (10D) section 10 of the Income-Tax Act, 1961(19.01.2022)
1. Clause (10D) of section 10 of the Income-tax Act, 1961 (the Act) provides for income-tax exemption on the sum received under a life insurance polic.....
Tags : Guidelines, Clause, Income-Tax Act
Inclusion of additional export items in Appendix 4R with effect from 15.12.2022(07.12.2022)
1. In exercise of the powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 1.02 of the Foreign Tra.....
Tags : Inclusion, Additional export, Notification
Government measures increase FDI inflows in the country(05.04.2021)
Japan leads the list of Investor countries with 29.09% of the total FDI Equity inflows during January, 2021.
The Measures taken by the Govern.....
Tags : Measures, Increase, FDI inflows
Filing of Revised Income Tax Returns by the Tax Payers Post De-Monetisation of Currency(14.12.2016)
Under the existing provisions of Section 139(5) of the Income-tax Act, 1961 ('Act'), Revised Return can only be filed if any person, who has filed a r.....
Tags : Income Tax, Returns, Filing
J&K&L HC: Dishonour of Cheque Due to Incomplete Signature Offence u/s 138 of NI Act(05.01.2022)
Jammu and Kashmir and Ladakh High Court has held that the dishonour of a cheque for the reason that there were incomplete signatures appearing on the .....
Tags : Jammu and Kashmir and Ladakh High Court, Dishonour of Cheque, Incomplete Signature
Delhi HC Directs Income Tax Department To Reconsider The Issuance of Certificate With NIL Deduction(07.01.2022)
Delhi High Court directed the Income Tax Department to reevaluate the issue of issuance of the certificate with ‘NIL’ deduction of income tax after gr.....
Tags : Delhi High Court, Income Tax Department, Certificate, Opportunity Of Being Heard
ITAT: Capital Gains Arising On Sale Of Rural Agricultural Land Outside The Ambit Of Income Tax(11.01.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has observed that the capital gains arising on sale of rural agricultural land outside the purvi.....
Tags : ITAT, Capital Gain, Income Tax
ITAT, Delhi: Petty Expenses Cannot be Disallowed on Ad-Hoc Basis in Corporate Entity(12.01.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the petty expenses relating to telephone expenses, advertisement expenses cannot be disallow.....
Tags : Income Tax Appellate Tribunal, Petty Expenses
Central Board of Direct Taxes Extends Due Date of Income Tax Audit Reports(12.01.2022)
Central Board of Direct Taxes (CBDT) has notified the extension of the timeline for filing Income Tax Returns and Various reports of audit for the AY .....
Tags : Central Board of Direct Taxes, Due Date of Income Tax Audit Reports
ITAT, Delhi: AO Cannot Undertake Fishing or Roving Inquiry Under Guise of Re-Assessment(12.01.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the Assessing Officer under guise of power to re-open Assessment cannot undertake a fishing .....
Tags : Income Tax Appellate Tribunal, Fishing or Roving Inquiry
Delhi HC Questions Delay in Investigating Incident of Forcing Man to Sing National Anthem(12.01.2022)
Delhi High Court has questioned the delay in investigating an incident where a man, 23 year old Faizan, was forced to sing the national anthem during .....
Tags : Delhi High Court, Delay in Investigating Incident
Madras HC: ITSC Cannot Force Income Tax Dept to Settle Disputes with Assessees(26.04.2021)
Madras High Court has ruled that Income Tax Settlement Commission (ITSC) cannot force the Income Tax Department to settle disputes with assessees if t.....
Tags : Madras High Court, Income Tax Settlement Commission
Kerala HC Expresses Dismay at Delays by Central Registration Centre in Allowing Incorporation of LLP(26.04.2021)
Kerala High Court has expressed dismay at the delays and hardships brought on by the Ministry of Corporate Affairs' Central Registration System in pro.....
Tags : Kerala High Court, Incorporation of LLP
Bombay HC: All Persons Wearing Masks Incorrectly Shall be Booked Under Relevant Offences(27.04.2021)
Bombay High Court has come down heavily on lockdown violators, including people not wearing masks properly, and has asked the police in 11 Marathwada .....
Tags : Bombay High Court, All Persons Wearing Masks Incorrectly
ITAT, Mumbai: Reassessment Proceeding Cannot be Held Time Barred When Amendment Increases Limitation(25.02.2022)
Income Tax Appellate Tribunal, Mumbai has held that reassessment proceeding cannot be held time barred when an amendment increasing limitation of time.....
Tags : Income Tax Appellate Tribunal, Reassessment Proceeding
ITAT, Mumbai: Invalid Re-Assessment By AO Cannot Be Subject Matter of Revision(28.02.2022)
Income Tax Appellate Tribunal, Mumbai has held that when an assessment framed by the Assessing Officer is invalid in law, the said invalid order canno.....
Tags : Income Tax Appellate Tribunal, Subject Matter of Revision
CBDT Issues Clarification on Continuation of Concessional Rate of Tax on Interest Income of FPIs(18.03.2021)
Central Board of Direct Taxes (CBDT) has issued the clarification on the continuation of the concessional rate of tax on interest income of Foreign Po.....
Tags : Central Board of Direct Taxes, Concessional Rate of Tax on Interest Income of FPIs
ITAT, Delhi: Entire Reassessment Proceedings Invalid if Assessee Precluded from Raising Objections(22.03.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has ruled that the entire reassessment proceedings invalid, if assessee precluded from raising objection a.....
Tags : Income Tax Appellate Tribunal, Reassessment Proceedings
ITAT, Ahmedabad: Mere Change of Opinion Cannot be Ground Invoking Revisional Jurisdiction(24.01.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad, has held that a mere change of opinion cannot be a ground for invoking revisional jurisdiction under .....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction
ITAT, Chennai: Right Through Share Warrants is Valuable Right, Can be Treated as Capital Asset(24.01.2022)
Income Tax Appellate Tribunal (ITAT), Chennai, has held that a right acquired through share warrants is a valuable right, can be treated as a capital .....
Tags : Income Tax Appellate Tribunal, Right Through Share Warrants
ITAT, Mumbai: Interest on Delay in Payment of Advancements Charged Only on Returned Income(27.01.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the interest on delay in payment of advancements shall be charged only on the returned inco.....
Tags : Income Tax Appellate Tribunal, Interest on Delay in Payment of Advancements
ITAT, Mumbai: Transponder Charges Not in Nature of Royalty Income(27.01.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the transponder charges are not in the nature of royalty income as per the provisions of th.....
Tags : Income Tax Appellate Tribunal, Transponder Charges
Telangana HC: Scrutiny By IT Department Barred For The Period Covered By The Resolution Plan(28.01.2022)
Telangana High Court has observed that for the period covered by the Resolution Plan, Income Tax Department cannot carry out any scrutiny or assessmen.....
Tags : Income Tax Act, Insolvency and Bankruptcy Code, Corporate Debtor, Financial Creditor
ITAT, Hyderabad: Joint Holder in Husband’s Salary Account Not Undisclosed Foreign Account(01.06.2021)
Income Tax Appellate Tribunal (ITAT) Hyderabad has dismissed an appeal by the revenue department wherein it ruled that being a joint account holder in.....
Tags : Income Tax Appellate Tribunal, Undisclosed Foreign Account
ITAT, Delhi: Revision of Orders Prejudicial to Revenue Not to be Invoked for Computational Error(02.06.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has ruled that the provision related to revision of orders prejudicial to revenue under Section 263 of the.....
Tags : Income Tax Appellate Tribunal, Revision of Orders
ITAT, Delhi: Income Tax Penalty Cannot be Imposed Unless Assessee Obliged In Law(05.04.2022)
Income Tax Appellate Tribunal, Delhi observed that the penalty of income tax under section 271(1)(c) of the Income Tax Act, 1961 cannot be obligatory .....
Tags : Income Tax Appellate Tribunal, Delhi, income tax, section 271(1)(c) of the Income Tax Act, 1961, assessee
ITAT, Delhi Upholds Order Against Gandhi Family on Commercial Immovable Property(06.04.2022)
Income Tax Appellate Tribunal, Delhi has upheld the case against the Gandhi family in relation with commercial immovable properties worth more than Rs.....
Tags : Income Tax Appellate Tribunal, Gandhi family, commercial immovable properties, Rs 800 crore, Young Indian, share capital of Rs 5 lakh, hawala entry, Rs 1 crore
ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
Delhi High Court Held That Findings of Fact Recorded by ITAT, Cannot Be Interfered(08.03.2022)
Delhi High Court has observed that in an appeal to the High Court under Section 260A of the Income Tax Act, 1961 there can be no interference with the.....
Tags : Delhi High Court , Income Tax Act, 1961
ITAT: Consideration For Accessing Database Cannot Be Treated As 'Royalty'(08.03.2022)
Delhi Bench of Income Tax Appellate Tribunal (ITAT) has observed that the consideration for accessing Database cannot be treated as 'Royalty' under In.....
Tags : Income Tax Appellate Tribunal, Double Taxation Avoidance Agreement, India-US
Delhi High Court: Application For Compounding Of Offence U/S 276CC IT Act Cannot Be Rejected(08.03.2022)
Delhi High Court has held that an application for compounding of the offence under Income Tax Act, 1961 cannot be rejected on the ground that Assessee.....
Tags : Delhi High Court, Chief Commissioner of Income Tax, Section 276CC of Income Tax Act, 1961
Delhi HC Quashes Reassessment Notice, There Is No Rational Nexus To Believe Escapement Of Income(08.03.2022)
Delhi High Court has nullified the reassessment notice issued under Section 148 of Income Tax Act, 1961 on the grounds that the reason to believe was .....
Tags : Delhi High Court, Section 148, Income Tax Act, 1961, Reassessment Notice
ITAT, Bangalore: Unascertained Business Loss Cannot be Allowed as Deduction(09.03.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that unless the recovery of embezzled amount in the course of business was impossible, it could not.....
Tags : Income Tax Appellate Tribunal, Unascertained Business Loss
ITAT, Delhi: Non Production of Persons Despite Summons Leads to Inference of Routing Own Money(09.03.2022)
Income Tax Appellate Tribunal, Delhi has ruled that an Assessing Officer has the power to verify transactions beyond the paperwork submitted by the As.....
Tags : Income Tax Appellate Tribunal, Non Production of Persons
Bombay High Court: Eye Treatment Can’t be Considered Professional Expenditure(30.10.2015)
Bombay High Court has said that expenses incurred for getting eyes treated cannot be claimed as a professional deduction under the Income Tax (IT) law.....
Tags : Bombay High Court, Income Tax (IT) law
NGT Serves Show Cause Notices to CS and Principal Secretaries of PHE(09.11.2015)
NGT has issued show cause notices to Chief Secretary and Principal Secretaries of Environment and Public Health Engineering (PHE) departments of West .....
Tags : NGT , Chief Secretary and Principal Secretaries of Environment and Public Health Engineering (PHE) departments of West Bengal
Government Prescribes Procedure to Furnish Form 67 to Claim Foreign Tax Credit(26.09.2017)
Central Government has prescribed the procedure to be followed to furnish Form 67 to claim foreign tax credit under the provisions of the Income Tax A.....
Tags : foreign tax credit, Income Tax Act, 1961
ITAT: Interest on Enhanced Compensation Recd. under LA Act Not Subject to Capital Gain Tax(28.09.2017)
Income Tax Appellate Tribunal (ITAT) has held that the interest received on enhanced compensation for land compulsorily acquired under the Land Acquis.....
Tags : Income Tax Appellate Tribunal, Capital Gain, Land Acquisition Act
Bombay High Court: Interest from Motor Accident Compensation not Subject to Income Tax(12.08.2019)
Bombay High Court has ruled that the income tax should not have been deducted from the interest on the motor accident compensation awarded by the cour.....
Tags : Bombay High Court, Income Tax
ITAT, Mumbai: Assessing Officer Cannot Make Addition on Basis of Suo-Moto Disclosure of Assessee(15.04.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that the Assessing Officer cannot make any addition to assessee's income on the basis of the suo-moto .....
Tags : Income Tax Appellate Tribunal, Addition on Basis of Suo-Moto Disclosure
ITAT, Delhi: Subscriber Fee Not Taxable as Royalty as Per India-Singapore DTAA(28.03.2022)
Income Tax Appellate Tribunal, Delhi has held that the subscriber fee would not be taxable as royalty as per the India-Singapore Double Taxation Avoid.....
Tags : Income Tax Appellate Tribunal, Subscriber Fee
ITAT, Delhi: Subscriber Fee Not Taxable as Royalty as Per India-Singapore DTAA(28.03.2022)
Income Tax Appellate Tribunal, Delhi has held that the subscriber fee would not be taxable as royalty as per the India-Singapore Double Taxation Avoid.....
Tags : Income Tax Appellate Tribunal, Subscriber Fee
ITAT, Ahmedabad: Amount Received from HUF Not in Nature of Gift and Shall Not be Taxable(28.03.2022)
Income Tax Appellate Tribunal, Ahmedabad has held that the amount received by the assessee from its HUF which is not in the nature of gift or received.....
Tags : Income Tax Appellate Tribunal, Amount Received from HUF
ITAT, Ahmedabad: IBC to Have Overriding Effect Over Income Tax Proceedings(28.03.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that since the Insolvency and Bankruptcy Code, 2016 has overriding effect over the income tax.....
Tags : Income Tax Appellate Tribunal, Income Tax Proceedings, Liquidation
ITAT, Delhi: Performance Guarantee Commission is Not Business Income Under DTAA(29.03.2022)
Income Tax Appellate Tribunal, Delhi has observed that performance guarantee commission by an assessee from its foreign Associated Enterprise is not i.....
Tags : Income Tax Appellate Tribunal, Double Taxation Avoidance Agreement, Assessee, Income Tax
Supreme Court: Immunity Under IDS is not available to Another Assessee Other Than Declarant(30.03.2022)
Supreme Court has observed that under the Income Declaration Scheme, the immunity Section 192 of the Income Tax Act, 1961 was available only to the de.....
Tags : Supreme Court, Income Declaration Scheme, Assessee
ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
ITAT, Delhi: Depreciation not Allowable On Non-Compete Fee(06.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that the depreciation is not allowable on non-compete fee under section 32 of the Income Tax Act, 19.....
Tags : Income Tax Appellate Tribunal, depreciation, non-compete fee, section 32 of the Income Tax Act, 1961
ITAT, Mumbai: Provisions of Black Money Act Cannot be Invoked for Minor Breach of Law(06.04.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has observed that the provisions of the Black Money (Undisclosed Foreign Income and Assets) and Impositio.....
Tags : Income Tax Appellate Tribunal, Black Money Act
ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)
Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....
Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961
Delhi HC: Collection of Service Charges from Donors Cannot Be Ground to Deny Tax Exemption(07.04.2022)
Delhi High Court has observed that the collection of service charges by India HIV AIDS Alliance from the donors cannot be treated as a reason to deny .....
Tags : Delhi High Court, service charges, India HIV AIDS Alliance, section 11, Income Tax Act, 1961, section 12
ITAT: Unascertained Liability Cannot be Allowed as Embezzlement Losses in Computing Business Income(10.03.2022)
Income Tax Appellate Tribunal (ITAT), Bangalore has held that the embezzlement loss stated by the assessee is not ascertained liability and hence cann.....
Tags : Income Tax Appellate Tribunal, Embezzlement Losses, Business Income
ITAT, Chennai: Capital Gains to be Computed as per Share of Parties in Residential Property(10.03.2022)
Income Tax Appellate Tribunal, Chennai has held that capital gains under the Income Tax Act, 1961 is to be computed according to the respective share .....
Tags : Income Tax Appellate Tribunal, Capital Gains
Delhi HC Dismisses Appeal Against Deletion of Income Tax Addition for Share or Bogus Purchases(11.03.2022)
Delhi High Court has dismissed the appeal against the deletion of income tax addition for share or bogus purchases or cash deposits and held that appe.....
Tags : Delhi High Court, Deletion of Income Tax Addition
ITAT, Mumbai: Claim Of Deduction to be Reckoned From Date of Possession of New Property(11.03.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that an assessee's claim of deduction under Section 54 of the Income Tax Act, 1961 was to be reckoned .....
Tags : Income Tax Appellate Tribunal, Possession of New Property
ITAT, Mumbai: Payment to Foreign Company for Utilisation of Transponder of Satellite Not Royalty(11.03.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai ruled that the payment made to a foreign company for the utilisation of a transponder centred on a satell.....
Tags : Income Tax Appellate Tribunal, Utilisation of Transponder of Satellite
ITAT, Delhi: Accessing Premises for Technical Assistance Can't Be Treated as Permanent Establishment(11.03.2022)
Income Tax Appellate Tribunal, Delhi has held that access to a foreign enterprise for providing technical assistance to its Joint Venture Company in i.....
Tags : Income Tax Appellate Tribunal, Accessing Premises for Technical Assistance
SC Rejects Challenge to Karnataka HC Direction to Increase Daily Quota of Liquid Medical Oxygen(07.05.2021)
Supreme Court has rejected the challenge made by the Central Government against the direction issued by Karnataka High Court to increase the daily quo.....
Tags : Supreme Court, Increase Daily Quota of Liquid Medical Oxygen
ITAT, Chandigarh: Tax Authorities Cannot Evade Responsibility to Collect Correct Taxes(10.05.2021)
Income Tax Appellate Tribunal (ITAT), Chandigarh has held that the Tax authorities cannot evade responsibility to ensure only correct and due taxes ar.....
Tags : Income Tax Appellate Tribunal, Responsibility to Collect Correct Taxes
ITAT, Bangalore: Flight Testing Services Cannot be Taxed as Fees for Technical Services(16.03.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that flight testing services provided to Hindustan Aeronautics Limited cannot be taxed as fees for .....
Tags : Income Tax Appellate Tribunal, Flight Testing Services
ITAT, Delhi: Belated Payment of Employees Contribution to Provident Fund and Insurance Scheme(17.03.2022)
Income Tax Appellate Tribunal, Delhi has ruled that belated payment of employees' contribution to the Provident Fund and State Insurance Scheme cannot.....
Tags : Income Tax Appellate Tribunal, Belated Payment of Employees Contribution
ITAT, Kolkata: Contributions Made After Statutory Due Date Shall be Allowable as Deduction(22.03.2022)
Income Tax Appellate Tribunal (ITAT), Kolkata has allowed relief to Deloitte Haskins & Sells, holding that the contributions made after the statutory .....
Tags : Income Tax Appellate Tribunal, Contributions Made After Statutory Due Date
ITAT, Kolkata: Commissioner Cannot Point Out Issues Other Than Issue Taken Up by AO(22.03.2022)
Income Tax Appellate Tribunal, Kolkata has held that the Commissioner, while invoking his jurisdiction under section 263 of the Income Tax Act, 1961 c.....
Tags : Income Tax Appellate Tribunal, Commissioner, Issues
ITAT, Bangalore: Shortage of Manpower on Account of Merger Sufficient for Condonation of Delay(24.03.2021)
Income Tax Appellate Tribunal, Bangalore has stated that shortage of manpower and lack of guidance/expertise in taxation, on account of merger of Stat.....
Tags : Income Tax Appellate Tribunal, Condonation of Delay
ITAT, Delhi: Deduction u/s 80HHC to be Computed after Reducing Deduction u/s 80IA(02.04.2021)
Income Tax Appellate Tribunal, Delhi has held that deduction allowed under Section 80-IA of Income Tax Act, 1961 has to be reduced from the profits fo.....
Tags : Income Tax Appellate Tribunal, Deduction u/s 80HHC
#Union Budget 2022-2023: Overview and Inclusive Development of Agricultural Sector(01.02.2022)
Finance Minister has announced support for post-harvest value addition for millet products, as 2022 will be Year of Millet. Procurement of Wheat and R.....
Tags : Union Budget, Finance Minister, Inclusive Development of Agricultural Sector
ITAT, Ahmedabad: No Disallowance for Interest Expenses if Investment to Acquire Control(03.02.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that no disallowance can be made for interest expenses if the investment was made to acquire .....
Tags : Income Tax Appellate Tribunal, No Disallowance for Interest Expenses
Orissa HC Upholds Mandamus Issued to HOUDD and OWSSB to Increase Superannuation Age(03.02.2022)
Orissa High Court has upheld the decision of Single Judge Bench which had issued a mandamus to the Housing and Urban Development Department, Governmen.....
Tags : Orissa High Court, Increase Superannuation Age
ITAT, Ahmedabad: Income Tax Assessment Against Deregistered Company Invalid(04.02.2022)
Income Tax Appellate Tribunal (ITAT) Ahmedabad, has held that the income tax assessment against a company deregistered by the Ministry of Corporate Af.....
Tags : Income Tax Appellate Tribunal, Income Tax Assessment
ITAT, Delhi: Penalty Notice Issued Without Applying Mind in Stereotyped manner is Not Valid(30.03.2022)
Income Tax Appellate Tribunal, Delhi has observed that a penalty notice issued in a stereotyped manner under section 271(1)(c) of the Income Tax Act, .....
Tags : Delhi Income Tax Appellate Tribunal, stereotyped, Section 271(1)(c) of the Income Tax Act, 1961
Allahabad HC: Long Period of Incarceration Can be Fresh Grounds for Bail(31.03.2022)
Allahabad High Court has observed that if there is no possibility of concluding the trial in near future and the accused applicant has been in jail fo.....
Tags : Allahabad High Court, long incarceration, grant of bail
ITAT, Delhi: Registration of Trust is Deemed in Absence of Refusal of Registration(31.03.2022)
Income Tax Appellate Tribunal, Delhi has held that trust is deemed to be registered under section 12AA of the Income Tax Act, 1961 in the absence of r.....
Tags : Income Tax Appellate Tribunal, section 12AA, 6 months
ITAT, Bangalore: Delay in Filing Form 67 Cannot be Reason to Deny Foreign Tax Credit(31.03.2022)
Income Tax Appellate Tribunal, Bangalore has observed that Rule 128 of the Income Tax Rules which requires the assessee to submit Form 67 before filin.....
Tags : Income Tax Appellate Tribunal, Rule 128 of the Income Tax Rules, filing Form 67, Form 67, Foreign Tax Credit
CBDT Notifies E-Assessment of Income Escaping Assessment Scheme 2022(31.03.2022)
Central Board of Direct Taxes (CBDT) has notified that the e-Assessment of Income Escaping Assessment Scheme, 2022 and Faceless Jurisdiction of Income.....
Tags : Central Board of Direct Taxes, CBDT, the e-Assessment, Income Escaping Assessment Scheme, 2022, artificial intelligence
Madras HC: Adjudication is Conclusive to Incidental/Connected Subject Matter of Litigation(31.03.2022)
Madras High Court has held that the principle of res judicata prevents the parties to a judicial determination from litigating the same question again.....
Tags : Madras High Court, principle of res judicata, judicial determination
Chhattisgarh HC: Assessing Officer Failed to Record Reason for Issue of Notice u/s 148(07.04.2022)
Chhattisgarh High Court has quashed a notice on grounds that the Assessing Officer had failed to record the reason for issue of notice under section 1.....
Tags : Chhattisgarh High Court, section 148 of the Income Tax Act, 1961, Assessing Officer
ITAT, Delhi: No Liability to Deduct TDS on Payments Made by Lenskart to Facebook Ireland(07.04.2022)
Income Tax Appellate Tribunal, Delhi has upheld the order passed by Commissioner of Income Tax (Appeals) by deleting additions of over Rs. 67 Lakhs ma.....
Tags : Income Tax Appellate Tribunal, Sixty Seven Lakhs, Lenskart's, Tax Deducted at Source, Facebook, Ireland
Supreme Court: Mere Amalgamation Would Not invalidate Income Tax Proceedings(07.04.2022)
Supreme Court has held that whether corporate death of amalgamating entity upon amalgamation invalidates an order of assessment issued under the Incom.....
Tags : Supreme Court, amalgamation, Income Tax Act, 1961, Section 481 of the Companies Act, 1956
ITAT, New Delhi: Interest on Enhanced Compensation Does Not Come u/s 56 IT Act(08.04.2022)
Income Tax Appellate Tribunal( ITAT ), New Delhi has observed that received interest on enhanced compensation does not comes under income from other s.....
Tags : Income Tax Appellate Tribunal, received interest, enhanced compensation, Tax Deduction at Source, section 194A of the income tax act, 1961
ITAT, Mumbai: Non-Disclosure of Foreign Asset in ITR Not Valid Reason for Imposition of Penalty(08.04.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has observed that non disclosing of a foreign asset in the income tax return, by itself, is not a valid r.....
Tags : Income Tax Appellate Tribunal, foreign asset, income tax return, Black Money Act, assessee
Gauhati HC: Incriminating Evidence Under Section 3113 CrPC Should be Put Up in Concise Manner(15.04.2022)
Gauhati High Court has observed that under Section 313 of Code of Criminal procedure, 1973 (CrPC), the trial Court should bring to accused’s notice, i.....
Tags : Gauhati High Court, Incriminating Evidence
ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....
Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt
ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....
Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt
ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....
Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period
ITAT, Delhi: No Penalty on Receiving Cash Loan from Family Members to Meet Business Exigency(18.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that the penalty under sections 271D and 271E of the Income Tax Act, 1961 cannot be leviable on rece.....
Tags : Income Tax Appellate Tribunal, Cash loan, Business Exigency
ITAT, Mumbai: Payment for Transponder Services Not Amount to Royalty(08.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the payment for transponder services would not amount to royalty under the provisions of Incom.....
Tags : Income Tax Appellate Tribunal, transponder services, royalty, Income Tax, Double Taxation Avoidance Agreements
ITAT, Pune: Capital Gain Exemption u/s 54F for Purchase of Office Premises not available(08.04.2022)
Income Tax Appellate Tribunal, Pune has observed that the capital gain exemption under section 54F of the Income Tax Act, 1961 is not available in the.....
Tags : Income Tax Appellate Tribunal, capital gain exemption, Income Tax Act, 1961, office premises
ITAT, Mumbai: Revisional Jurisdiction Invoked for Lack of Inquiry, Not for Inadequate Inquiry(08.04.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that the revisional jurisdiction can be invoked only for lack of inquiry and not for inadequate inquir.....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction, lack of inquiry, section 263, Income Tax Act, 1961
ITAT, Mumbai: Payment for Transponder Services Does Not Amount to Royalty(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the payment for transponder services would not amount to royalty under the provisions of Incom.....
Tags : Income Tax Appellate Tribunal, transponder services, royalty, Income Tax Law, Double Taxation, Avoidance Agreements
ITAT, Pune: Exemption of Capital Gain u/s 54F not available for Purchase of Office Premises(11.04.2022)
Income Tax Appellate Tribunal, Pune has observed that the exemption of capital gain under section 54F of the Income Tax Act, 1961 is unavailable if th.....
Tags : Income Tax Appellate Tribunal, capital gain, section 54F of the Income Tax Act, 1961, sale consideration
ITAT, Mumbai: Revisional Jurisdiction Can be Invoked for Lack of Inquiry, Not for Inadequate Inquiry(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked only .....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263 of the Income Tax Act, 1961, lack of inquiry, inadequate inquiry
ITAT, Bangalore: Payment of Sub Contracting Charges to Subsidiary Liable to TDS(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that payment of sub-contracting charges to subsidiary is liable to Tax Deduction at Source.
Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, sub-contracting charges
ITAT, Chennai: Mere Mistake in Filing of Income Tax Return Not Effect in Enhancement of Income(18.04.2022)
Income Tax Appellate Tribunal, Chennai has observed that a mere mistake in the filing of return of income would not result into income enhancement of .....
Tags : Income Tax Appellate Tribunal, assessee, filing of return
ITAT, Chennai: Penalty Can’t be Levied Based on Estimate Addition(18.04.2022)
Income Tax Appellate Tribunal, Chennai has observed that the order of penalty under section 271(1)(c) of the Income Tax Act, 1961 cannot be levied mer.....
Tags : Income Tax Appellate Tribunal, section 271(1)(c) of the Income Tax Act, 1961
ITAT, Delhi: TDS u/s 194D Inapplicable to Reinsurance Commission(18.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that the provisions of Tax Deducted at Source under section 194D of the Income Tax Act, 1961 is not.....
Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, section 194D of the Income Tax Act, 1961
ITAT, Delhi: Framing of Reassessment u/s 147 of IT Act against Non-Existing Entity Void Ab-initio(18.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the re-assessment under section 147 and section 143(3) of the Income Tax Act, 1961 is not sustaina.....
Tags : Income Tax Appellate Tribunal, section 147, section 143(3) of the Income Tax Act, 1961
ITAT, Bangalore: Service Tax Collected But Not Remitted Can be Disallowed u/s 43B of Income Tax Act(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the amount of service tax collected under section 43B of the Income Tax Act, 1961 but not remi.....
Tags : Income Tax Appellate Tribunal, service tax, section 43B of the Income Tax Act, 1961
ITAT, Chennai: Provisions of Sec 44AD Not Applicable to Commission Agents(18.04.2022)
Income Tax Appellate Tribunal, Chennai has observed that the provisions of Section 44AD of the Income Tax Act, 1961 cannot be applied to commission ag.....
Tags : Income Tax Appellate Tribunal, Section 44AD of the Income Tax Act, 1961, commission agents
ITAT, Vishakhapatnam: Use of Agricultural Produce for Feeding Children is Charitable Activity(11.04.2022)
Income Tax Appellate Tribunal, Vishakhapatnam has observed that the activity of agricultural products for feeding children in the orphanage is charita.....
Tags : Income Tax Appellate Tribunal, agricultural products, charitable, orphanage, charitable society
ITAT, Mumbai: Corpus Donations by Un-Registered Trust Considered as Capital Receipt(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that Corpus Donations received by an un-registered trust will be under the purview of Capital Recei.....
Tags : Income Tax Appellate Tribunal, Corpus Donations, Capital Receipt
ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....
Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice
ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....
Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain
ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....
Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice
ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....
Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice
Delhi High Court Holds That Assessee Is Eligible For Immunity and Tax Payer Should Be Incentivised(01.04.2022)
Delhi High Court has ruled that the action of income tax authorities to deny the benefit of immunity from penalty under Section 270AA of Income Tax Ac.....
Tags : Delhi High Court, Section 270AA of Income Tax Act, 1961, Section 270A, Tax Payer
Kerala HC: Non Release of Seized Documents in Supreme Court is Illegal(01.04.2022)
Kerala High Court has held that the income tax department is unauthorized to retain the seizure of title deeds under Section 132 of the Income Tax Act.....
Tags : Kerala High Court, income tax department, title deeds, Section 132 of the Income Tax Act, 1961, Special Leave Petition
ITAT, Delhi: Payment to Microsoft for Software Purchase Does Not Amount to Royalty(04.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that the assesee, HP Services (Singapore) cannot be taxed for royalty as per the Indo-Singapore Doub.....
Tags : Income Tax Appellate Tribunal, HP Services, Indo-Singapore, Double Taxation Avoidance Agreement, Microsoft company
ITAT, Delhi: Non-Appearance Before Authorities to Imply Assessee Has Nothing to Rebut(04.04.2022)
Income Tax Appellate Tribunal Delhi has observed that the income tax proceedings are attached with the presumption of truth and the non-appearance bef.....
Tags : Income Tax Appellate Tribunal, income tax proceedings, presumption of truth, rebut
P&H HC: Plea of Violation of Principles of Natural Justice Not Maintainable Without Grounds(04.04.2022)
Punjab and Haryana High Court has observed that the plea seeking to violate the principles of natural justice is unacceptable by the courts unless, it.....
Tags : Punjab and Haryana High Court, principles of natural justice
ITAT, Delhi: No TDS Required to be Deducted on Enhanced Compensation Under Land Acquisition Act(19.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the interest on enhanced compensation awarded to land owners by the Court under Section 28 of the L.....
Tags : Income Tax Appellate Tribunal, enhanced compensation, Section 28 of the Land Acquisition Act, 1894, Tax Deducted at Source
ITAT, Delhi: Suppression in Net Sales as Business Income, Can’t be Treated As Deemed Income(19.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the income surrendered for suppression in the net sales shall be assessable as Income from Busines.....
Tags : Income Tax Appellate Tribunal, Suppression in Net Sales, Business Income
ITAT, Delhi: Fulfillment of Twin Conditions is Mandatory for Invoking Jurisdiction u/s 263(19.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that fulfillment of twin conditions is obligatory for invoking the jurisdiction under section 263 of.....
Tags : Income Tax Appellate Tribunal, section 263 of the Income Tax Act, 1961, jurisdiction
ITAT, Bangalore: Corporate Guarantee Falls Within Ambit of International Transaction(19.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that corporate guarantee falls within the extent and ambit of international transaction and Arm’.....
Tags : Income Tax Appellate Tribunal, Arm’s Length Price, international transaction
ITAT, Delhi: Royalty Cannot be Endorsed to Providing Customized Research Advisory Services(19.04.2022)
Income Tax Appellate Tribunal; Delhi has observed that customized research advisory services are not taxable under the head Royalty under the relevant.....
Tags : Income Tax Appellate Tribunal, Royalty, Income Tax Act, 1961, customized research advisory services
ITAT, Delhi Restricts Addition Only on Embedded Portion of Profit(19.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that the addition due to mismatch amid the Books of Accounts and Form 26AS can be made only on the e.....
Tags : Income Tax Appellate Tribunal, Books of Accounts, Form 26AS, embedded profit portion
ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....
Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain
Supreme Court Upholds Constitutional Validity of Amendments Related to Charitable Trust Registration(11.04.2022)
Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regardin.....
Tags : Supreme Court, constitutional legality, Finance Act, 2020, Income Tax Act, 1961, religious trusts
Delhi HC: Section 10 of CPC Does Not Lay an Embargo in Proceeding with Arbitration(11.04.2022)
Delhi High Court has held that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding during the pendency of insolvency.....
Tags : Delhi High Court, Section 10 of the Code of Civil Procedure, 1908, embargo, insolvency proceedings, Provincial Insolvency Act, 1920
ITAT, Bangalore: No Rationale in Making Additions to Income on Violation of RBI Notifications(11.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that there is no rationale in the action of the Assessing Officer of making additions to income .....
Tags : Income Tax Appellate Tribunal, rationale, Assessing Officer, assesse, Section 68 of the Income Tax Act, 1961, Reserve Bank of India
ITAT, Bangalore: Agricultural Land Not Converted at Time of Sale Not Included as Capital Gain(11.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that since the agricultural land was not converted at the time of sale, the sale consideration s.....
Tags : Income Tax Appellate Tribunal, agricultural land, sale consideration, Income Tax Act, 1961, assessee
ITAT, Mumbai: Order of Assessment without Reasons, Not Erroneous or Prejudicial to Interest of Revenu(04.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that action of the Assessing Officer to accept the explanation submitted by the Assessee during scr.....
Tags : Income Tax Appellate Tribunal, Assessing Officer, Assessee
Kerala HC Dismisses Plea of Witness Alleging Harassment from Investigating Officer in Assault Case(04.04.2022)
Kerala High Court has dismissed a petition filed by Sagar Vincent, a witness in the 2017 actor sexual assault case alleging that investigating officer.....
Tags : Kerala High Court, Sagar Vincent, sexual assault case, Biju Paulose
Calcutta HC Quashes Re-Assessment Passed Without Application of Mind(04.04.2022)
Calcutta High Court has observed that the re-assessment passed under section 148 of the Income Tax Act, 1961 without the application of mind is not su.....
Tags : Calcutta High Court, section 148 of the Income Tax Act, 1961, Quashment of Re-Assessment
ITAT, Mumbai: Amount Spent on Consumable Items can’t be Claimed as Improvement Cost(04.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the amount spent on consumable items including sofa, tiles, etc., can’t be claimed as cost .....
Tags : Income Tax Appellate Tribunal, improvement cost, Income Tax Act, 196, capital gain
ITAT, Mumbai: Revisional Jurisdiction Can’t be Invoked , Order of Assessment Without Reasons(04.04.2022)
Income Tax Appellate Tribunal, Mumbai, has observed that the revisional jurisdiction under section 263 of Income Tax Act, 1961 cannot be invoked while.....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, Section 263 of the Income Tax Act, 1961, M/s Reliance Payment Solutions Pvt Ltd
Gujarat HC: No Show Cause Notice Issued Along With Draft Assessment Order u/s 144B(04.04.2022)
Gujarat High has observed that the issuance of a show cause notice along with the draft assessment order is absolutely important before passing an ord.....
Tags : Gujarat High Court, draft assessment order, Section 144B of the Income Tax Act
ITAT, Ahmedabad: Assessing Officer Cannot Interfere With Business Decisions of Assessee(20.04.2022)
Income Tax Appellate Tribunal, Ahmedabad has observed that the Assessing Officer cannot interfere with the business decisions of the assessee.
Tags : Income Tax Appellate Tribunal, Assessing Officer, assessee
ITAT, Ahmedabad: TDS on Car Hiring Charges Paid Above Rs. 1.8 Lakhs U/S 194I of Income Tax Act(20.04.2022)
Income Tax Appellate Tribunal, Ahmedabad has observed that charges of car hiring falls under the provision of section 194I of the Income Tax Act, 1961.....
Tags : Income Tax Appellate Tribunal, section 194I of the Income Tax Act, 1961, Rs. 1.8 lakhs, Tax Deducted at Source
ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement
ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement
ITAT Hyderabad: Ignorance of Law Concerning Compulsory Audit Not Reasonable for Deleting Penalty(21.04.2022)
Income Tax Appellate Tribunal, Hyderabad has held that mere ignorance of law under Section 44AB of the Income Tax Act, 1961 for compulsory audit of ac.....
Tags : Income Tax Appellate Tribunal, ignorance of law, Section 44AB of the Income Tax Act, 1961, Section 273B
Chhattisgarh HC: Issuance of Reassessment Notice Valid on Ground Disclosure of Bogus Purchase Bills(21.04.2022)
Chhattisgarh High Court has observed that the reassessment notice under Section 148 of the Income Tax Act,1961 is valid on the grounds of disclosure p.....
Tags : Chhattisgarh High Court, reassessment, Section 148 of the Income Tax Act,1961, bogus
ITAT, Mumbai: Depreciation Allowable on Marketing Information and Non-Compete Fee(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the depreciation is allowable on intangible assets such as marketing information comprising of.....
Tags : Income Tax Appellate Tribunal, depreciation, intangible, marketing information, Commercial information, Customer data, Distribution network, Suppliers contract, Non-compete fees
ITAT, Mumbai: Circular Due to Difficulties in E-filing Software Can’t be Relied(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that the private discretionary trust shall be treated as AoP and has rejected the plea of the assessee.....
Tags : Income Tax Appellate Tribunal, AoP, CBDT, software, private discretionary trust
Delhi HC: Exemption Cannot be Denied to Charitable Entity for Advertising Scholarship(12.04.2022)
Delhi High Court has observed that the exemption under the provisions of the Income Tax Act, 1961 can’t be denied to a charitable entity merely becaus.....
Tags : Delhi High Court, exemption, Income Tax Act, 1961, scholarship
Delhi HC Dismisses Tax Appeals Against Moser Baer in View of Liquidation Proceedings(12.04.2022)
Delhi High Court has dismissed the appeals against Moser Baer, filed by the income tax department in the light of the liquidation proceedings pending .....
Tags : Delhi High Court, Moser Baer, Liquidation Proceedings, income tax department, National Company Law Tribunal
Delhi HC: Sufficiency or Correctness of Material Need not be Considered During Issue of Notice(12.04.2022)
Delhi High Court has observed that the sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice unde.....
Tags : Delhi High Court, Section 148 of the Income Tax Act, 1961
Delhi HC: Scholarship by Hamdard Foundation Eligible for Exemption Under Income Tax Act(12.04.2022)
Delhi High Court has upheld the factual findings that the merit-cum scholarship/financial assistance provided by Hamdard National Foundation was not c.....
Tags : Delhi High Court, factual findings, merit-cum scholarship, financial assistance, Hamdard National Foundation, Section 11 of Income Tax Act, 1961
ITAT, Delhi: No TDS Since Routine Business Support Services Can’t be Treated as Fee for Technical Ser(25.04.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has has held that routine business support services are not taxable as fees for technical services (FTS) s.....
Tags : Income Tax Appellate Tribunal, Routine Business Support Services
ITAT, Mumbai: Remuneration Paid to Partner Out of Profit Cannot be Treated as Salary(25.04.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the remuneration paid to Partner out of the share of profit cannot be treated as salary to .....
Tags : Income Tax Appellate Tribunal, Remuneration
Delhi HC Directs Revenue to Grant Immunity Under Section 270AA(26.04.2022)
Delhi High Court has observed that the assessee cannot be prejudiced by the inaction of the Assessing Officer, directing the revenue to grant immunity.....
Tags : Delhi High Court, Section 270AA of the Income Tax Act, 1961, Assessing Officer
ITAT, Mumbai: Deemed Dividend Would Not Attract Loans and Advances Out of Commercial Consideration(26.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the provisions of deemed dividend under Section 2(22)(e) of the Income Tax Act, 1961 would be .....
Tags : Income Tax Appellate Tribunal, Deemed Dividend, Section 2(22)(e), Income Tax Act, 1961
ITAT, Bangalore: Digital Data Recovered During Search has Evidentiary Value(27.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that the digital data recovered by the income tax department has evidentiary value during the se.....
Tags : Income Tax Appellate Tribunal, digital data, income tax department, Income Tax Act, 1961
ITAT, Kolkata: Adjudicating Authorities Cannot Grant Approval U/S 10(23C) With Retrospective Effect(27.04.2022)
Income Tax Appellate Tribunal, Kolkata has ruled that the adjudicating authorities under the Income Tax Act, 1961 cannot grant approval under section .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 10(23C), retrospective
ITAT, Delhi: Fee for Cloud Services Not Royalty(27.04.2022)
Income Tax Appellate Tribunal, Delhi while granting relief to a subsidiary company of Information Technology giant Microsoft Corporation, Ministry of .....
Tags : Income Tax Appellate Tribunal, Information Technology, Microsoft Corporation, Ministry of Law Corporation, subscription fee, royalty, cloud computing
ITAT, Mumbai: IT Law Doesn't Bar Assessing Officer to go Beyond Reasons Where Re-Assessment Initiated(28.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that there is no bar under the law that the Assessing Officer is entitled to confine assessment on .....
Tags : Income Tax Appellate Tribunal, Assessing Officer, Income Tax Act, 1961, sections 147, sections 148
ITAT, Bangalore: Transactions Between Trust and Trustee Not Covered U/S 269SS of Income Tax Act(28.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the managing trustee of the society is not covered by the expression any other persons stirrin.....
Tags : Income Tax Appellate Tribunal, section 269SS, 269T of the Income Tax Act, 1961
ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....
Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872
SC: No Deemed Registration in Case of Non-deciding of S. 12AA Application(28.04.2022)
Supreme Court has observed that there cannot be a deemed registration in case of non-deciding of an application filed under section 12AA (2) of the In.....
Tags : Supreme Court, section 12AA (2), Income Tax Act, 1961, deemed registration
CBDT Extends Electronic Filing of Income Tax Forms 15CA / 15CB(06.07.2021)
Central Board of Direct Taxes (CBDT) has extended the electronic filing of Income Tax Forms 15CA/15CB to 15th July, 2021. Taxpayers can submit the sai.....
Tags : Central Board of Direct Taxes, Electronic Filing of Income Tax Forms 15CA / 15CB
ITAT, Delhi Upholds Income Tax Addition of 3.9 Crores against Indian Franchise of KFC, Pizza Hut(07.07.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has upheld an Income Tax addition of Rs. 3,91,94,260 against Indian franchise of KFC, Pizza Hut, holding t.....
Tags : Income Tax Appellate Tribunal, KFC, Pizza Hut
ITAT, Allahabad: Amount of Share of Conversion of Leasehold Land Allowed as Cost of Improvement(12.07.2021)
Income Tax Appellate Tribunal (ITAT), Allahabad has held that the amount paid by a co-owner of the property towards his share for conversion of afores.....
Tags : Income Tax Appellate Tribunal, Amount of Share of Conversion of Leasehold Land
ITAT, Bangalore: Irrecoverable Advances for Land for Real Estate Development Business Allowable(02.05.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the advances agreed for purchase of land in the normal course of business of carrying on real .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Real estate development
ITAT, Bangalore: Non-Appearance of Assessee During Hearing Can’t be Reason to Recall Tribunal Order(02.05.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the Tribunal cannot recall an order by invoking Rule 25 of the Appellate Tribunal Rules, 1963 .....
Tags : Income Tax Appellate Tribunal, Rule 25, Appellate Tribunal Rules, 1963, assessee
ITAT, Ahmedabad: Undisclosed Sale Consideration of Property Can Only Assessable as Capital Gain(02.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the undisclosed sale consideration of the property can be subjected to tax as capital gain und.....
Tags : Income Tax Appellate Tribunal, capital gain, section 48, Income Tax Act, 1961, Undisclosed sale consideration
Calcutta HC: Income Tax Dues of Company Couldn’t Recover Post-Liquidation(28.04.2022)
Calcutta High Court has upheld the notices issued against two directors of the Company by allowing for the fact that the income tax department was una.....
Tags : Calcutta High Court, garnishee notices, Income tax department, liquidation process
ITAT, Jaipur: FDRs Interest Made for Business Purposes Shall be Treated as Business Income(29.04.2022)
Income Tax Appellate Tribunal, Jaipur has ruled that the interest income received from the Fixed Deposit Receipt made for business purposes and for ge.....
Tags : Income Tax Appellate Tribunal, Fixed Deposit Receipt, Income from Other Sources, Income Tax Act, 1961
ITAT, Bangalore: Assessee Couldn’t Submit Evidence for Payment of Brokerage for Sale of Property(29.04.2022)
Income Tax Appellate Tribunal, Bangalore has permitted 1% of the sale consideration as brokerage for the sale of the property since the assessee could.....
Tags : Income Tax Appellate Tribunal, brokerage, Income Tax Act, 1961, assessee
ITAT, Mumbai: No TDS on Payments to Foreign Insurers, Rules(29.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that any payment prepared by the assessee company to such foreign insurers would not be chargeable .....
Tags : Income Tax Appellate Tribunal, Section 195(1), Income Tax Act, 1961, foreign insurers
ITAT, Delhi: Subscription Fee Towards Cloud Services Not Taxable as Royalty(29.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the subscription fee received towards Cloud Services is not taxable as royalty.
Tags : Income Tax Appellate Tribunal, Cloud Services, subscription fee, royalty
ITAT, Bangalore: Income Tax Penalty Can’t be Imposed on Expenditure Due to Wrong Professional Advice(29.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the income tax penalty under section 271(1) of the Income Tax Act, 1961 cannot be imposed for .....
Tags : Income Tax Appellate Tribunal, income tax, section 271(1), Income Tax Act, 1961, Chartered Accountant
ITAT, Delhi: Provision of Ground Rent Shall Not be Allowable Under Section 43B Income Tax Act(03.08.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the provision of ground rent shall not be allowable under section 43B of the Income Tax Act,.....
Tags : Income Tax Appellate Tribunal, Provision of Ground Rent
ITAT: Income Tax Penalty U/S 271E Cannot be Levied In Absence of Regular Assessment(13.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the income tax penalty under Section 271E of the Income Tax Act, 1961 cannot be levied in the .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Section 271E, assessee
ITAT: Non-Cooperation With Dept Cannot be Sole Ground for Addition U/S 69A(13.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that mere non-cooperation with the department cannot be the sole ground to make an addition under S.....
Tags : Income Tax Appellate Tribunal, Section 69A, Income Tax Act, 1961
ITAT States That Consideration Paid For Purchase Of Advertisement Space Does Not Amount To 'Royalty'(16.05.2022)
Chennai Bench of ITAT has held that consideration paid for purchase of advertisement space does not amount to 'royalty' under the Income Tax Act, 1961
Tags : ITAT Chennai, Royalty, Income Tax Act
Orissa HC: Commission Paid To Persons Who Are Not Beneficial to Business of Assessee is Taxable(16.05.2022)
Orissa High Court while dismissing a challenge against an order of the Income Tax Appellate Tribunal which disallowed commission expenses as claimed b.....
Tags : Orissa High Court, Income Tax Appellate Tribunal
Calcutta HC: Reassessment Order Passed Without Issuance of Notice Is Invalid(16.05.2022)
Calcutta High Court has ruled that the reassessment order passed without issuance of notice under Section 148 of the Income Tax Act, 1961 is not valid.....
Tags : Calcutta High Court, Section 148, Income Tax Act, 1961
ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....
Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961
Bombay HC: Assessee Deprived of Refund Due to Wrongful Withholding of Amount by Income Tax Dept(03.05.2022)
Bombay High Court has allowed 6% interest to the assessee on wrongful withholding of the amount by the income tax department.
Tags : Bombay High Court, 6% interest, assessee, income tax department
ITAT, Bangalore: Wife Eligible for Capital Gain release if Money Given for Acquisition of Property(03.05.2022)
Income Tax Appellate Tribunal, Bangalore has held that the wife is eligible for capital gain exemption regarding the money given for the acquisition o.....
Tags : Income Tax Appellate Tribunal, reimbursement, capital gain, acquisition
ITAT, Ahmedabad: CIT(A) Shall Condone Delay and Dispose Appeal on Merits(03.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the Commissioner (Appeals) shall condone the delay and dispose the appeal on merits if the ass.....
Tags : Income Tax Appellate Tribunal, malafide manner, assessee
ITAT, Ahmedabad: Additions Cannot be Made to Assessee's Income on Basis of Document(03.05.2022)
Income Tax Appellate Tribunal , Ahmedabad has held that additions cannot be made to assessee's taxable income on the basis of documents that are decla.....
Tags : Income Tax Appellate Tribunal , Customs Excise and Service Tax Appellate Tribunal, service tax
ITAT, Ahmedabad: Deemed Rent Inapplicable to Property That is Stock-in-Trade(03.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the concept of deemed rent can’t be applicable to the properties which are treated as stock-in.....
Tags : Income Tax Appellate Tribunal, stock-in-trade, deemed rent
Delhi HC: ITAT Final Arbiter of Facts, Its Order Can be Interfered Only if There is Question of Law(03.05.2022)
Delhi High Court has observed that the High Court can interfere with its order only if there is substantial question of law or there is manifest illeg.....
Tags : Delhi High Court, Income Tax Appellate Tribunal
ITAT, Delhi: Assessing Officer Cannot Apply Wrong Method in Lack of Audited Financials of AE(04.05.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the Assessing Officer cannot give benefit to the assessee for non-cooperation in providing audited.....
Tags : Income Tax Appellate Tribunal, associated enterprises, Assessing Officer
ITAT, Bangalore: TDS Not Applicable to Commission for Professional Service by Non Resident(04.05.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that Tax Deduction at Source is not applicable to commission for professional service by Nonresiden.....
Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, professional service
Madras HC: Initiation of Malicious Prosecution by Income Tax Dept. is Abuse of Power(04.05.2022)
Madras High Court has ruled that the suppression of material facts, the intentional suggestion of falsehood and the non-application of mind shows that.....
Tags : Madras High Court, Income Tax department, malicious prosecution, falsehood
Supreme Court Uphold Over 90,000 Re-Assessment Notices Deeming them as Sec 148A Notices(05.05.2022)
Supreme Court upheld the reassessment notices under Section 148 of the unamended Income Tax Act which were issued beyond 01.04.2021 (the effective dat.....
Tags : Reassessment Notices, Income Tax Act, Section 148A, Supreme Court
ITAT: Outstanding Balances cannot be treated as ‘Bogus’ when Payment made through Banking Channels(05.05.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has observed that the outstanding balances cannot be suspected as bogus when the payments to par.....
Tags : Income Tax Appellate Tribunal , Bogus Payments
SC rules in Favour of Revenue Department in Reassessment Dispute Case(05.05.2022)
Supreme Court by reversing the high court orders that had quashed income-tax notices under the old reassessment regime has held that notices issued un.....
Tags : Supreme Court, Finance Act, 2021, reassessment, old regime, income-tax notices
ITAT, Bangalore: Subsidy Expenditure Does Not Attract TDS Provision(29.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that subsidy expenditure not attracts Tax Deducted at Source provision and set asides the order dis.....
Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, Section 40(a)(ia), Income Tax Act, 1961
ITAT, Chennai: Subscription Money received From Customers Shall be Treated as Deferred Income(29.04.2022)
Income Tax Appellate Tribunal, Chennai has ruled that the subscription monies received in advance by the Company shall be treated as deferred income a.....
Tags : Income Tax Appellate Tribunal, subscription monies, deferred income, methodology
ITAT, Delhi: Revisional Jurisdiction Can be Invoked in Very Gross Case of Inadequacy in Inquiry(29.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the Revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked in a very.....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263, Income Tax Act, 1961
ITAT, Delhi: Amount from Indian Associate for Support Service is not Fees and not liable to Tax(02.05.2022)
Income Tax Appellate Tribunal, Delhi has observed that amount expected from Indian Associate for Support Service is not Fees for Included Services and.....
Tags : Income Tax Appellate Tribunal, Indian Associate, Support Service
ITAT, Lucknow: Clerical Mistake in Audit Report Form 10B Can be Rectified(02.05.2022)
Income Tax Appellate Tribunal, Lucknow has observed that the clerical mistakes in audit report form 10B can be rectified and the same should not be a .....
Tags : Income Tax Appellate Tribunal, form 10B, Audit Report
ITAT, Delhi: Amendments to Sections 43B and 36(1)(va) IT Act Can’t Have Retrospective Effect(02.05.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the amendments to sections 43B and 36(1)(va) of the Income Tax Act, 1961 cannot have retrospective.....
Tags : Income Tax Appellate Tribunal, sections 43B, sections 36(1)(va), Income Tax Act, 1961, retrospective effect
SC: Exemption Claimed u/s 80-IB Won't be Taken into Count While Availing Benefits u/s 80-IC(23.05.2018)
Supreme Court has held that the periods for which deductions were availed earlier by an assessee u/s 80-IA and S. 80-IB of Income Tax Act would not be.....
Tags : Supreme Court, Income Tax
IT Law Doesn’t Bar Partners to Draw Remuneration from More than One Firms: ITAT(15.04.2019)
Income Tax Appellate Tribunal (ITAT), Kolkata bench has held that the income tax law does not prohibit a partner from drawing remuneration/ salary fro.....
Tags : Income Tax Appellate Tribunal, Remuneration, Partnership Firm
SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)
Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....
Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act
SC: No Income Tax Liability for UAE Exchange in India(27.04.2020)
Supreme Court has ruled that no income tax can be levied on its liaison offices in India in respect of the principal business carried by it in United .....
Tags : Supreme Court, Income Tax Liability for UAE Exchange
ITAT, Bangalore: Long Term Capital Loss to be Computed from Date of Possession of Property(22.06.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore has held that long term capital loss is to be computed from the date of possession of Property and not.....
Tags : Income Tax Appellate Tribunal, Long Term Capital Loss
ITAT, Indore: Revisional Jurisdiction Cannot be Invoked if Assessment Orders Not Erroneous(30.06.2021)
Income Tax Appellate Tribunal (ITAT), Indore has held that revisional jurisdiction under Section 263 of the Income Tax Act, 1961 cannot be invoked if .....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction
ITAT: Refund of Sewage Tax Constitute ‘Business Income’(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the refund of sewage tax would be assessed as business income as the same was earlier.....
Tags : ITAT, Sewage Tax, Income-Tax Act, 1961
ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....
Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961
ITAT: Re-Assessment on Wrong Assumption And Information From Another Assessing Officer Invalid(16.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has ruled that the reopening of assessment based on wrong assumption and information received from anothe.....
Tags : Income Tax Appellate Tribunal, assessing officer
ITAT, Kolkata: Disallowance U/S 14A Not to be Considered While Computing Book Profit(16.05.2022)
Income Tax Appellate Tribunal, Kolkata has ruled that the disallowance under Section 14A of the Income Tax Act, 1961 cannot be considered while comput.....
Tags : Income Tax Appellate Tribunal, Section 14A, Income Tax Act, 1961, book profit
ITAT, Kolkata: No Revision U/S 263 IT Act When AO Has Made Sufficient Enquiry(17.05.2022)
Income Tax Appellate Tribunal, Kolkata has ruled that no revision under Section 263 of the Income Tax Act, 1961 when Assessing Officer has made suffic.....
Tags : Income Tax Appellate Tribunal, Section 263, Assessing Officer
ITAT, Amritsar: Revisional Order Should be in Detail, Enriched With Facts(17.05.2022)
Income Tax Appellate Tribunal, Amritsar while quashing a revisional order, has observed that the order under Section 263 of the Income Tax Act, 1961 s.....
Tags : Income Tax Appellate Tribunal, Section 263, revisional
ITAT, Ahmedabad: KYC Form is Prima Facie Proof For Address of Account Holder(17.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that Know Your Customer (KYC) Form is prima facie proof for address of account holder and upholds t.....
Tags : Income Tax Appellate Tribunal, Know Your Customer, cash deposits
ITAT, Kolkata: Non-Mentioning of Relevant Limb in Penalty Notice is Not Curable Defect(17.05.2022)
Income Tax Appellate Tribunal, Kolkata has ruled that the failure to mention a crucial limb in the penalty notice is not a curable defect, and the pro.....
Tags : Income Tax Appellate Tribunal, crucial limb, curable defect
ITAT, Bangalore: Income Tax Deduction Not Allowed to Professional Charges Paid for Acquisition(26.07.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore has held that the income tax deduction cannot be allowed to professional and consultancy charges paid .....
Tags : Income Tax Appellate Tribunal, Professional Charges Paid for Acquisition
Delhi High Court Seeks Reply on Pleas for Increasing Crematoriums/ Burial Grounds(28.07.2021)
Delhi High Court has directed the concerned authorities to file their replies to a batch of petitions seeking directions for dignified burial/crematio.....
Tags : Delhi High Court, Increasing Crematoriums/ Burial Grounds
CBDT Amends Rule 12 of Income Tax Rules Dealing with Return of Income(29.07.2021)
Central Board of Direct Taxes (CBDT) has notified Income-tax (20th Amendment) Rules, 2021 which seeks to amend Income-tax Rules, 1962. The Board has a.....
Tags : Central Board of Direct Taxes, Income-tax (20th Amendment) Rules, 2021
ITAT: Notice Issued U/S 271 IT Act Must Record the Specific Ground on Which it Initiated(01.06.2022)
Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that unambiguous statement in notice can strike off penalty imposed u/s 271 of the Incom.....
Tags : ITAT. Income-Tax Act, Notice
ITAT: Disallowance Can’t be Made on Payment to PF and ESI Before Due Date(01.06.2022)
Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that disallowance can’t be made on payment to PF and ESI before the due date u/s 139(1) .....
Tags : ITAT. Income-Tax Act, Disallowance
Delhi HC Quashes Charges U/S 132 IT Act for Lack of any Material on Record(01.06.2022)
Delhi High Court has quashed Criminal Charges u/s 132 of Income Tax Act without any material on record for prima facie satisfaction.
Tags : Delhi High Court, Income-Tax, Prima Facie
Delhi HC: Change of Opinion Can’t be Reason to Believe to Obtain Income to Initiate Re-Assessment(18.05.2022)
Delhi High Court while dismissing an appeal by the Income tax department, has ruled that mere change of opinion cannot be a reason to believe that the.....
Tags : Delhi High Court, Income tax department, Sections 147, Sections 148, Income Tax Act, 1961
ITAT: Deduction U/S 80IA IT Act Cannot be Disallowed on Failure of Form No.10CCB Submission(19.05.2022)
Income Tax Appellate Tribunal, Bangalore has observed that the Claim of deduction under Section 80IA of Income Tax Act, 1961 cannot be disallowed only.....
Tags : Income Tax Appellate Tribunal, Section 80IA, From NO.10CCB, due date
ITAT: Income Tax Deduction for CAM Charges Included in Rent(19.05.2022)
Income Tax Appellate Tribunal, Bangalore has observed that Common Area Maintenance (CAM) Charges included in rent were allowable as a deduction.
Tags : Income Tax Appellate Tribunal, Common Area Maintenance, rent
Delhi HC: AO & PCIT Failed to Consider Balance of Convenience And Irreparable Injury(19.05.2022)
Delhi High Court has held that neither the Assessing Officer (AO) nor the Principal Commissioners of Income Tax (PCIT) have considered the three basic.....
Tags : Delhi High Court, Assessing Officer, Principal Commissioners of Income Tax, prima facie, balance of convenience, irreparable injury
Delhi HC: AO & PCIT Failed to Consider Balance of Convenience And Irreparable Injury(19.05.2022)
Delhi High Court has held that neither the Assessing Officer (AO) nor the Principal Commissioners of Income Tax (PCIT) have considered the three basic.....
Tags : Delhi High Court, Assessing Officer, Principal Commissioners of Income Tax, prima facie, balance of convenience, irreparable injury
Bombay HC: Loss On Trading in Derivatives of Securities Not A Speculative Loss(19.05.2022)
Bombay High Court has ruled that transactions in respect of trading in derivatives carried out in a recognized stock exchange are excluded from the de.....
Tags : Income-Tax Act, Bombay High Court, ITAT, Finance Act
ITAT, Mumbai Deletes Transfer Pricing Adjustment on International Transaction(06.05.2022)
Income Tax Appellate Tribunal, Mumbai while ruling that Transfer Pricing Officer (TPO) has adopted the wrong Gross Profit Margin of the comparable com.....
Tags : Income Tax Appellate Tribunal, Transfer Pricing Officer, Gross Profit Margin, Transfer pricing
ITAT, Delhi: AO Cannot Apply Wrong Method to Determine Profit in Absence of Audited Financials(06.05.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the Assessing Officer cannot give benefit to the assessee for non-cooperation in providing audited.....
Tags : Income Tax Appellate Tribunal, Assessing Officer, audited financials
ITAT: Capital Gain Exemption Can't be Denied For Presence of Husband's Name in Purchase Document(06.05.2022)
Income Tax Appellate Tribunal, Bangalore has held that the capital gain exemption cannot be denied to the wife for the mere presence of the husband's .....
Tags : Income Tax Appellate Tribunal, capital gain, purchase document
Allahabad HC: Reassessment Order Not Valid If Notice by Assessing Authority Is Without Jurisdiction(09.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961 issued by the assessing authority was declared withou.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, re-assessment order
ITAT: Salary Reimbursement based on Cost to Cost Cannot Attract TDS Liability u/s 195(09.05.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that Tax Deduction at Source is not applicable to reimbursement of salary based on the cost to cost.....
Tags : Income Tax Appellate Tribunal, Section 195, Income Tax Act,1961, Tax Deduction at Source
ITAT, Bangalore: Assessment Cannot be Based on Presumptions U/S Section 153C of IT Act(09.05.2022)
Income Tax Appellate Tribunal, Bangalore while considering the directions from the Karnataka High Court has ruled that the assessment under Section 15.....
Tags : Income Tax Appellate Tribunal, assessment, Section 153C, presumption
ITAT: Product Development Expenditure is ‘Revenue’ in Nature(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that the expenditure incurred on testing and validation of the products is revenue in nature.....
Tags : ITAT, Income-Tax Act, 1961, Product Development Expenditure, Revenue
ITAT: Investments Converted into Stock-in-Trade Can Avail Exemption U/S 10(38)(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune has held that investment converted into stock in trade can avail exemption u/s 10(38) of Income Tax Act 196.....
Tags : ITAT, Income-Tax Act, 1961, Stock Trade, Investment
Meghalaya HC: Order Can’t be Passed U/s 148A(d) Without Taking Into account the Assessee’s Reply(23.05.2022)
Meghalaya High Court has held that no order can be passed under Section 148A(d) of the Income Tax Act, 1961, without taking into consideration reply f.....
Tags : Meghalaya High Court, Assessee, Income-Tax Act, 1961
Meghalaya HC Quashes Re-Assessment on Ground of Non-consideration of Objection Filed by Assessee(24.05.2022)
Meghalaya High Court has quashed a re-assessment under Section 148(d) of the Income Tax Act, 1961 on the ground that the same was passed without consi.....
Tags : Meghalaya High Court, Re-Assessment, Income-Tax Act, 1961
ITAT: Dividend Received by Builder not Subject to DDT Shall Assessable as ‘Other Income’(24.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the dividend income received by the assessee, a builder, which is not subject to Divi.....
Tags : ITAT, Dividend Distribution Tax, Income from other sources
ITAT: Loss Out of Non-Speculative Transactions Can be Set off Under the Head of Regular Business(25.05.2022)
Income Tax Appellate Tribunal (ITAT) has held that loss arose out of non-speculative transactions can be set off under the head of the regular busines.....
Tags : ITAT, CIT, Income Tax Act, 1961
ITAT: Disallowance is Calculated Based on Average Value of Share(02.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench has held that as per Rule 8D(2)(iii) of Income-Tax Rule, 1962, the disallowance under Section 14A of .....
Tags : ITAT, Income Tax, Disallowance
ITAT: SIDC Eligible for Section 80IA Deduction for Interest on Land Premium on Industrial Parks(02.06.2022)
Income Tax Appellate Tribunal, Dehradun bench has held that State Infrastructure & Industrial Development Corporation of Uttarakhand Ltd. (SIDC) is el.....
Tags : ITAT, Income-Tax, SIDC, Deduction
ITAT: Revisional Jurisdiction Can be Invoked for Lack of Enquiry by Assessing Officer(06.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that lack of enquiry by the assessing officer invokes the jurisdiction of Principle Commis.....
Tags : ITAT, Assessing Officer, Income-Tax Act
ITAT: Section 147 of IT Act is not an Alternative to Section 263 of IT Act(06.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench while quashing Assessment Order under Section 147 of Income-Tax Act, 1961 without Jurisdiction has h.....
Tags : ITAT, Income-Tax Act, 1961, Alternative
ITAT: Payment Made by Mobile Service Provider for Roaming Can’t be Considered as Technical Service(06.06.2022)
Income Tax Appellate Tribunal (ITAT), New Delhi, has held that payment made by a one mobile service provider to another for roaming cannot be consider.....
Tags : ITAT, Income-Tax Act, 1961. Roaming, Technical Service
ITAT: Income Tax on Both Owner and GPA Holder on Same Income Amounts to Double Taxation(07.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam has held that levy of Income-tax on both landowner and GPA holder for the same income amounts to d.....
Tags : ITAT, Income-Tax Act, Double Taxation
Non-Compliance of S. 148A Notice: Rajasthan HC asks Income Tax Dept to Follow SC Judgment(19.05.2022)
Rajasthan High Court has directed the income tax department to proceed with the notices quashed earlier under Section 148A of Income-Tax Act, 1961, in.....
Tags : Supreme Court, Rajasthan High Court, Section 148A Income-Tax Act 1961, Finance Act
ITAT: Revisional Order Based on Suspicion is Invalid(20.05.2022)
Income Tax Appellate Tribunal (ITAT), Chennai Bench, has held that the revisional order under Section 263 of the Income Tax Act, 1961 cannot be merely.....
Tags : Income Tax Appellate Tribunal, Revisional Order, Suspicion
ITAT: No Disallowance of PF/ESI Contributions on Account of Delay in Deposit(20.05.2022)
Income Tax Appellate Tribunal ( ITAT ), Delhi Bench has held that no disallowance of provident fund and Employees State Insurance contributions on acc.....
Tags : Income Tax Appellate Tribunal, Disallowance, Provident Fund, Delay in Deposit
Delhi High Court Quashes Reassessment Proceedings As Initiated Without Jurisdiction(20.05.2022)
Delhi High Court while quashing the re-assessment proceedings initiated by Income Tax Officer, Jaipur (ITO) has held that since the petitioner jurisdi.....
Tags : Delhi High Court, Income-Tax, Reassessment Proceedings, Assessing Officer
ITAT: Centralized Processing Centre has No Jurisdiction of Adjustment U/S 143(1)(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the Centralized Processing Centre has no jurisdiction to exercise the power under sec.....
Tags : ITAT, Centralized Processing Centre, Income-Tax Act, Assessee
P&H HC: 7 Days Period to File Reply of Notice Served Through E-Filing Portal is ‘Unreasonably Short’(23.05.2022)
Punjab & Haryana High Court has held that the period of 7 days, granted to file the reply of the Notice issued under Section 148A of the Income Tax Ac.....
Tags : Punjab and Haryana High Court, Section 148-A, Income-Tax Act, Natural Justice
ITAT Deletes Addition u/s 68 of IT Act, Says Firm not Taxable for Capital introduced by Partner(09.05.2022)
Income Tax Appellate Tribunal, Chennai has observed that the Firm cannot be made taxable for the capital introduced by the Partner as section 68 of th.....
Tags : Income Tax Appellate Tribunal, section 68, Income Tax Act, 1961
ITAT, Ahmedabad: Delay Due to Liquidation Proceedings Constitute Reasonable Cause(10.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that if dominion ownership of car rest with the assessee, the assessee is eligible for depreciation.....
Tags : Income Tax Appellate Tribunal, depreciation, assessee
ITAT, Ahmedabad: Third Party Shareholders Renouncing Rights Shares is Liable to Tax U/S 56(2)(10.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that third party shareholders renouncing rights shares in favour of the assesse are liable to tax u.....
Tags : Income Tax Appellate Tribunal, assesse, Section 56(2), Income Tax, 1961
ITAT, Delhi: Re-Assessment Based on Incorrect and Irrelevant Facts is Invalid(10.05.2022)
Income Tax Appellate Tribunal, Delhi has held that the re-assessment under section 148 of the Income Tax Act, 1961 invoked on the basis of incorrect a.....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 148
Delhi HC: Enhancement of Compounding Charges on Subsequent Offences is Valid(10.05.2022)
Delhi High Court has upheld an order of the income tax department imposing enhanced compounding charges on subsequent applications for compounding of .....
Tags : Delhi High Court, income tax department, Tax Deducted at Source
ITAT: If TDS Statement filed on Time Contains Technical Errors, No Late Fee Can be Charged(11.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has held that a late fee under section 234E of the Income Tax Act of 1961 cannot be imposed if a statement is.....
Tags : Income Tax Appellate Tribunal, section 234E, Income Tax Act
ITAT, Mumbai: Computers, Including Computer Software, Are Eligible to 60% Depreciation(11.05.2022)
Income Tax Appellate Tribunal, Mumbai has observed that depreciation of 60 % can be allowed to ‘computers including computer software’ under Rule 5 of.....
Tags : Income Tax Appellate Tribunal, Income Tax Appellate Tribunal Rules, depreciation, computers
Supreme Courts Orders Stay on Disbursement of Compensation in 2012 Sea-Firing Incident(19.08.2021)
Supreme Court has ordered a stay on the disbursement of the compensation of 2 crores to the owner of the boat named "St Antony" which was attacked by .....
Tags : Supreme Court, Disbursement of Compensation in 2012 Sea-Firing Incident
ITAT: Non-Issue of Proper Show Cause Notice Can be Fatal to Proceedings Under Income Tax Act(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the In.....
Tags : ITAT, Income-Tax Act, Show Cause Notice
ITAT: Drawings Made for Non-Business Purposes are Not Allowable as Income Tax Deduction(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that drawings made for non-business purposes are not allowable as a deduction under.....
Tags : ITAT, Deductions, Income-Tax
ITAT: Income Tax Notice sent to Dead Person is Invalid(15.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi Bench has quashed the re-assessment order passed by assessment officer on the ground that Income Tax Notic.....
Tags : ITAT, Income-Tax Notice, Dead person
ITAT: Income Tax Liability Won’t Arise for Unsecured Loan Transactions Done by Group Entities(16.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that income tax liability won’t arise for unsecured loan transactions done by group entiti.....
Tags : ITAT, Income-Tax Liability, Unsecured Loan
Rajasthan HC: Citizenship Can’t be Determined Based on Definition of ‘Resident’ Under IT Act(16.06.2022)
Rajasthan High Court has held that the definition of the term ‘resident’ under the Income Tax (IT) Act, 1961 is designed for including persons in the .....
Tags : Rajasthan High Court, Citizenship, Income-Tax Act
Bombay HC Reprimands Principal Chief Commissioners of Customs for Non-Representation in Cases(20.06.2022)
Bombay High Court while warning the Principal Chief Commissioners of customs for non-representation instructed that all Principal Chief Commissioners .....
Tags : Bombay High Court, Principal Chief Commissioners, Non-Representation
Delhi HC Stays Order Awarding One Extra Mark to Candidates for Incorrect Question(06.08.2021)
Delhi High Court has issued an ex parte ad interim stay on the single judge bench order which had ordered for one extra mark to be granted to candidat.....
Tags : Delhi High Court, Extra Mark to Candidates for Incorrect Question
CBDT Notifies Determination of Income of Specified Fund of Units Held by Non-Residents(11.08.2021)
Central Board of Direct Taxes (CBDT) has inserted Rule 21AJ under Income-tax Rules, 1962 which provides for the determination of income of a specified.....
Tags : Central Board of Direct Taxes, Determination of Income of Specified Fund of Units Held by Non-Residents
ITAT, Bangalore: Consideration for Sale of Software Not to be Treated as Royalty(13.08.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that consideration for the sale of software cannot be treated like royalty.
Tags : Income Tax Appellate Tribunal, Consideration for Sale of Software
ITAT: Proprietary Concern Not Required to Obtain Separate PAN(07.07.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that proprietary concern is not required to obtain a separate Permanent Account Number .....
Tags : ITAT, Permanent Account Number, Income-Tax Act
Delhi HC: Specifications of Invention Before & After Amendment Need Not Be Identical(07.07.2022)
Delhi High Court has held that amendments to a patent specification or claims prior to grant ought to be construed more liberally than narrowly, and o.....
Tags : Delhi High Court, Patent Specification, Inconsistent
ITAT: Income Tax Officials Bound to Follow CBDT Circular(08.07.2022)
ITAT: Income Tax Officials Bound to Follow CBDT Circular
Income Tax Appellate Tribunal (ITAT), Cochin Bench has held that the circulars issued by the.....
Tags : ITAT, Income Tax Officials, CBDT Circulars
ITAT: Belated Payment to PF/ESI Before Due Date for Filing Return is Deductable U/S 43B of IT Act(07.06.2022)
Income Tax Appellate Tribunal (ITAT), Allahabad has held that the belated payment of employee contribution to Provident Fund (PF)/Employees State Insu.....
Tags : ITAT, Income-Tax Act, PF/ESI
Delhi High Court Quashes Reassessment Order Issued Without Considering Reply Filed by Assessee(07.06.2022)
Delhi High Court has quashed the reassessment order issued by the department under Section 148A(d) of the Income Tax Act, without considering the repl.....
Tags : Delhi High Court, Income Tax Act, 1961, Reassessment
AAR: GST not Applicable on Lease Income From Residential Property(08.06.2022)
GST Authority for Advance Ruling (AAR), Maharashtra has held that the GST shall not be applicable on the lease income from the residential property.
Tags : AAR, GST, Lease Income
ITAT Disallows IT Deduction U/S 80IA as Income From Eligible Unit Not Shown in Gross Total Income(08.06.2022)
Income Tax Appellate Tribunal (ITAT), Cuttack bench has disallowed deduction under Section 80IA of Income-Tax Act, 1961 since income from eligible uni.....
Tags : ITAT, Income-Tax Act, Deduction
ITAT: TDS Not Applicable to Commission to Credit Card Company Under Section 194H of IT Act(09.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench has held that TDS under Section 194H of the Income-Tax (IT) Act, 1961 is not applicable to the amoun.....
Tags : ITAT, Income-Tax Act, Credit Card
ITAT: Provision Mandating Furnishing of PAN With E-TDS has Overriding Effect(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that the provision mandating furnishing of PAN with E-TDS has an overriding effect .....
Tags : ITAT, Income-Tax Act, PAN
ITAT: No Late Fee U/S 234E of IT Act Can be Levied for Default Committed After 2015 Amendment(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that late fees u/s 234E can’t be levied for the default committed after the insertion of Sec.....
Tags : ITAT, Income-Tax Act, Finance Act
ITAT Directs Fresh Adjudication as Assessee Failed to File Reply to Income Tax Notice Due to COVID(25.05.2022)
Income Tax Appellate Tribunal, Bangalore held that assessee could not respond to the notices in view of the pandemic situation, which has to be accept.....
Tags : ITAT, Income-Tax, Covid-19
ITAT: Assessee Engaged in Generation and Selling of Power can Claim Deduction u/s 801 of ITA(26.05.2022)
The Income Tax Appellate Tribunal (ITAT), Delhi bench has held that assessee engaged in generation and selling of power can claim deduction u/s 801 of.....
Tags : ITAT, Income-Tax, Assessee
ITAT: No Income-tax Penalty for Unintentional Error in Form-16(30.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that income tax penalty cannot be imposed for committing an unintentional error on Form-16.
Tags : ITAT. Income Tax, Form 16
ITAT: Currency Derivative Can be Treated As An Eligible Transaction U/S 43(5)(30.05.2022)
Income Tax Appellate Tribunal, Delhi has observed that currency derivatives can be treated as eligible transactions under Section 43(5) of the Income .....
Tags : Income Tax Appellate Tribunal, transactions
ITAT: Amendment on Sec.36(1)(va) Has Prospective Effect(30.05.2022)
Income Tax Appellate Tribunal, Raipur while quashing the order confirming disallowances of Rs. 18,12,622/- out of employment contribution towards EPF/.....
Tags : Income Tax Appellate Tribunal, amendment, prospective
ITAT: Onus To Prove Identity, Creditworthiness Etc of Transaction Lies on Assessee(30.05.2022)
Income Tax Appellate Tribunal, Pune has observed that the onus to prove identity, creditworthiness, and genuineness of a transaction lies with the ass.....
Tags : Income Tax Appellate Tribunal, assessee
ITAT: Interest-bearing Unsecured Loans Are Allowable As Income Tax Deduction U/S 57(iii)(31.05.2022)
Income Tax Appellate Tribunal, Raipur observed that interest-bearing unsecured loans are allowable as deduction under Section 57(iii) of Income Tax Ac.....
Tags : Income Tax Appellate Tribunal, unsecured loans, deduction
Delhi HC Issues Notice on Inclusion of Persons with Disabilities as Beneficiaries(30.07.2020)
Delhi High Court has issued notice to all States and Union Territories in a plea moved by the National Federation of Blind seeking a direction to be i.....
Tags : Delhi High Court, Inclusion of Persons with Disabilities as Beneficiaries
Karnataka HC: Non-Compliance of SOP Should Not be Ground to Prohibit Candidate from Writing Exam(30.07.2020)
Central Board of Direct Taxes ( CBDT ) has extended the due date of filing Income Tax Returns for the Financial Year 2018-19 to 30th September 2020.
Tags : Central Board of Direct Taxes, Income Tax Returns
Rajasthan HC Directs to Conduct Training of Principal Magistrates in JJ Boards(15.07.2021)
Rajasthan High Court has directed Child Rights Department of the State Government to ensure that a training programme is conducted for Principal Magis.....
Tags : Rajasthan High Court, Training of Principal Magistrates in JJ Boards
Madras HC: Assessee Can be Prosecuted if Concealment of Income is Deliberate(27.06.2022)
Madras High Court has held that an assessee can be prosecuted for willfully and deliberately concealing his income by not filing his income tax return.....
Tags : Madras High Court, Income-Tax Return, Deliberate
Rajasthan HC: Police to Charge Married Couple for Police Protection if it Has Adequate Income(27.06.2022)
Rajasthan High Court has held that if the petitioner's income is more than taxable income under the Income Tax Act, Superintendent of Police after con.....
Tags : Rajasthan High Court, Taxable Income, Financial Charge
CBDT Notifies Special Courts for Trial of Offences Under Income Tax Act 1961(29.06.2022)
Central Board of Direct Taxes (CBDT) has notified Special Courts for Trial of Offences under the Income Tax Act, 1961 in Dehradun.
Tags : Central Board of Direct Taxes, Special Court, Income-Tax Act
ITAT: Share Application Money is ‘Capital Asset’ Under Income Tax Act(18.12.2020)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that Share Application Money is ‘Capital Asset’ for the purpose of Income Tax Act, 1961.
Tags : Income Tax Appellate Tribunal, Share Application Money
ITAT: Single Transaction of Buying and Selling of Shares Can’t be Treated as Business Activity(29.09.2021)
Income Tax Appellate Tribunal (ITAT), Chennai has held that a single transaction of buying and selling of shares cannot be treated as a business acti.....
Tags : Income Tax Appellate Tribunal, Single Transaction of Buying and Selling of Shares
ITAT, Chennai: Capital Gain Exemption Cannot be Denied to Assessee Merely on Basis of Facts(29.09.2021)
Income Tax Appellate Tribunal (ITAT), Chennai has held that the capital gain exemption under section 54F of the Income Tax Act, 1961 cannot be denied .....
Tags : Income Tax Appellate Tribunal, Capital Gain Exemption
CBDT Extends Time Period for Processing Income Tax Returns with Refund Claims(01.10.2021)
Central Board of Direct Taxes (CBDT) notified the extension of the time period for Processing returns with refund claims beyond prescribed time limits.....
Tags : Central Board of Direct Taxes, Income Tax Returns with Refund Claims
ITAT: Cash Deposit of Firm Cannot be Added to Personal Income of Partner(20.07.2022)
Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that the cash deposit of the Firm cannot be added to the personal income of the Partner .....
Tags : ITAT, Personal Income, Partner
Delhi HC: Explanation to Section 14A of Income Tax Act Will Not Apply Retrospectively(25.07.2022)
Delhi High Court has held that the Explanation to Section 14A of the Income Tax Act, 1961, added vide the Finance Act, 2022, cannot be presumed to be .....
Tags : Delhi High Court, Income-Tax Act, Retrospective
ITAT, Mumbai: Shell India Not Taxable in India for Consideration Received from Resale of Software(27.09.2021)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that Shell India not taxable in India for consideration received from resale/use of the computer.....
Tags : Income Tax Appellate Tribunal, Shell India
ITAT, Bangalore: Independent Building with More Than One Residential Unit Eligible for Capital Gain(27.09.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore has held that an independent building with more than one residential unit within it shall be eligible .....
Tags : Income Tax Appellate Tribunal, Independent Building with More Than One Residential Unit
Delhi HC: Amendment to Section 36(1)(va) of Income Tax Act is Prospective in Nature(10.08.2022)
Delhi High Court has held that amendment to Section 36(1)(va) of Income-Tax Act, 1961, vide the Finance Act, 2021, is 'for removal of doubts' and henc.....
Tags : Delhi High Court, Income-Tax Act, Prospective
ITAT: Domestic Transaction from a Related Party is Not a Specified Domestic Transaction(10.08.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a domestic transaction from a related party is not a specified domestic transaction u.....
Tags : ITAT, Income-Tax, domestic Transaction
ITAT: Income Tax Appeal Not Maintainable During the Course of IBC Proceedings(16.08.2022)
Income Tax Appellate Tribunal (ITAT), Hyderabad Bench has held that an Income tax appeal is not maintainable during Insolvency and Bankruptcy Code (IB.....
Tags : ITAT, Income Tax Appeal, IBC
CIC to CPIO: Provide Generic Details of Gross Income of Husband for Claiming Maintenance(18.08.2022)
Central Information Commission (CIC) has directed the Centre Public Information Officers (CPIO) to provide the generic details of the net taxable inco.....
Tags : CIC, Gross Income, Husband, Maintenance
AAR, Tamil Nadu: Applicant Can Adopt Methods to Arrive at Value of Supply to Distinct Persons(20.01.2021)
Authority of Advance Ruling (AAR), Tamil Nadu has ruled that the applicant can adopt one of three methods to arrive at the value in respect of supply .....
Tags : Authority of Advance Ruling, Value of Supply to Distinct Persons
ITAT: Vodafone Idea Not Liable to Deduct TDS on Discount Extended to Pre-paid Distributors(22.01.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the Vodafone Idea Ltd. is not liable to deduct TDS on discount extended to its pre-paid dist.....
Tags : Income Tax Appellate Tribunal, Vodafone Idea Ltd.
ITAT: BCCI Can't Be Denied Income Tax Exemption Just Because IPL Makes Profits(15.11.2021)
Income Tax Appellate Tribunal has held that the Board of Control for Cricket in India (BCCI) is entitled to registration under Section 12A of the Inco.....
Tags : Income Tax Appellate Tribunal, Board of Control for Cricket in India
Delhi HC: No Income Tax on Interest Income from FD Till Ownership Determined by Arbitral Tribunal(13.10.2022)
Delhi High Court has held that income tax cannot be levied on the interest income from fixed deposits (FD) till the ownership is determined by the arb.....
Tags : Delhi High Court, Income-Tax, Fixed Deposits
ITAT, Jaipur: Equalisation Levy Not Applicable Where Target Audience Are Outside India(14.10.2022)
Income Tax Appellate Tribunal, Jaipur has observed that an equalisation levy is not payable on advertising payments where advertisers or the target au.....
Tags : Income Tax Appellate Tribunal, equalisation levy, advertisers
ITAT: Cess Received By Trust From Milk Societies, Not Voluntary; Can't Be Corpus Donation(17.10.2022)
Income Tax Appellate Tribunal, Ahmedabad has held that the Cess received by a trust from the milk supplying societies, against the sales made by them .....
Tags : Income Tax Appellate Tribunal, Cess, Corpus Donation
ITAT, Delhi: No Tax on Compensation for Acquisition of Agricultural Land by State Govt(15.04.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has held that no tax shall be payable on compensation for acquisition of agricultural land by the state go.....
Tags : Income Tax Appellate Tribunal, Compensation for Acquisition of Agricultural Land
ITAT, Ahmedabad: Shares at Face Value by Amalgamated Company Not Covered Under Income Tax Act(16.04.2021)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has ruled that the Shares at ‘face value’ by the amalgamated company to shareholders in pursuance of s.....
Tags : Income Tax Appellate Tribunal, Shares at Face Value by Amalgamated Company
ITAT, Delhi: Charitable Trust Entitled to Adjust Excess Expenditure in Subsequent Income(08.02.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the Charitable trust is entitled to carry forward, adjust excess expenditure in earlier year.....
Tags : Income Tax Appellate Tribunal, Charitable Trust
ITAT, Mumbai Disallows Fees Paid for Investment Advisory Services on Lack of Documentary Evidence(08.02.2022)
Income Tax Appellate Tribunal (ITAT) Mumbai has disallowed fees paid towards Investment Advisory Services as assessee only furnished debit note, and .....
Tags : Income Tax Appellate Tribunal, Fees Paid for Investment Advisory Services
ITAT, Pune: No Income Tax Payable on Sale of Software Licence(09.02.2022)
Income Tax Appellate Tribunal (ITAT), Pune, has ruled that no Income Tax payable on Sale of Software Licence, support, maintenance as it is not Royalt.....
Tags : Income Tax Appellate Tribunal, Sale of Software Licence
SC: Burden Upon Defence to Prove Mental Incapacity of Accused(03.01.2023)
Supreme Court while upholding conviction of man accused of killing his two sons, has held that where the accused is charged of murder, the burden to p.....
Tags : Supreme Court, Mental Incapacity, Burden
SC: WP Can be Allowed to Examine if Conditions to Issue Notice U/S 148 IT Act Are Satisfied(09.01.2023)
Supreme Court has held that writ petitions can been entertained to examine whether the conditions for the issuance of notice under Section 148 of the .....
Tags : Supreme Court, Writ Petitions, Income-Tax, Notice
ITAT, Bangalore: Omission to Serve Notice u/s 143(2) of Income Tax Act is Not a Curable Defect(21.12.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore, while deleting an assessment order held that the omission to serve a notice under section 143(2) of t.....
Tags : Income Tax Appellate Tribunal, Omission to Serve Notice
Bombay HC Rejects Petition Challenging Show Cause Notice Issued By Income Tax Department(20.12.2021)
Bombay High Court has rejected a petition filed by Maharashtra Cabinet Minister Chhagan Bhujbal challenging a show cause notice issued by the Income T.....
Tags : Bombay High Court, Show Cause Notice Issued By Income Tax Department
Delhi HC Directs Release of Child in Conflict with Law Incarcerated in Observation Home(23.12.2021)
Delhi High Court has directed the release of a child in conflict with law who was incarcerated in an observation home despite an order passed by the J.....
Tags : Delhi High Court, Child in Conflict with Law Incarcerated in Observation Home
ITAT: VAT Expenses on Deemed Import Eligible to be Set Off Against VAT Output(31.12.2021)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the Value Added Tax (VAT) expenses on deemed import are eligible to be set off against t.....
Tags : Income Tax Appellate Tribunal, VAT Expenses on Deemed Import
ITAT: Hire Charges Received by Owner Under ‘Time Charter Agreement’ Not Taxable As Royalty(23.01.2023)
Income Tax Appellate Tribunal, Mumbai has ruled that hire charges received by the owner of a ship for chartering its vessel under a ‘Time Charter Agre.....
Tags : Income Tax Appellate Tribunal, Time Charter Agreement, taxable
ITAT: Interest Income Earned By Co-Operative Society Eligible For Deduction(23.01.2023)
Income Tax Appellate Tribunal, Mumbai has observed that the interest income earned by a co-operative society on its investments held with co-operative.....
Tags : Income Tax Appellate Tribunal, interest, deduction
ITAT, Bangalore: Employee Contribution to Provident Fund Before ITR Eligible for Deduction(03.03.2022)
Income Tax Appellate Tribunal (ITAT), Bangalore has ruled that an Employee contribution to Provident Fund (PF)/ Employee State Insurance (ESI) before .....
Tags : Income Tax Appellate Tribunal, Employee Contribution to Provident Fund
ITAT, Delhi: House Rent Allowance Exemption Allowable on Rent Paid to Spouse(04.03.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has held that Income Tax Act, 1961 does not prohibit claiming house rent allowance (HRA) exemption on the .....
Tags : Income Tax Appellate Tribunal, House Rent Allowance
Madhya Pradesh HC Refuses to Grant Custody to Mother on Children’s Inclination Towards Father(04.03.2022)
Madhya Pradesh High Court has refused to pass an order of child custody in favour of the Appellant-mother, upon noting that the children themselves ha.....
Tags : Madhya Pradesh High Court, Custody, Inclination Towards Father
MP HC Imposes Cost on Police Officer for Furnishing Incorrect Information to Court(07.03.2022)
Madhya Pradesh High Court has imposed a cost of Rs. 25,000 on a Station House Officer for providing incorrect information to the Court regarding crimi.....
Tags : Madhya Pradesh High Court, Furnishing Incorrect Information to Court
ITAT, Delhi: Income Tax Notice, Revisionary Proceedings Against Dead Person is Void(07.03.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the notice issued against a dead person is null and void and all consequent proceedings or o.....
Tags : Income Tax Appellate Tribunal, Revisionary Proceedings Against Dead Person
ITAT, Mumbai: Sale of Transferable Development Rights Does Not Attract Capital Gains Tax(07.03.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that sale of transferable development rights does not attract capital gains tax since the cost of acqu.....
Tags : Income Tax Appellate Tribunal, Sale of Transferable Development Rights
ITAT: IBC Has Overriding Effect on All Acts Including Income Tax Act(20.02.2023)
Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that Insolvency and Bankruptcy Code (IBC) has an overriding effect on all acts, including t.....
Tags : Income Tax Appellate Tribunal, Income-Tax, Insolvency
ITAT, Mumbai Deletes Income Tax Penalty Against Bollywood Actress Preity Zinta(08.09.2021)
Income Tax Appellate Tribunal (ITAT), Mumbai has deleted a penalty order imposed against the actress Preity Zinta. The department has imposed the pena.....
Tags : Income Tax Appellate Tribunal, Preity Zinta
Finance Ministry Extends Due Date for Filing of Income Tax Returns (ITRs) for FY 2020-2021(10.09.2021)
Central Board of Direct Taxes (CBDT) has extended the due date of filing of income-tax returns and various reports of audit for the Assessment Year 20.....
Tags : Central Board of Direct Taxes, Filing of Income Tax Returns
ITAT Delhi Upholds CIT (A) Order Disallowing Expenses in Relief to Tulip Star Hotel(13.09.2021)
Income Tax Appellate Tribunal (ITAT), Delhi, in a major relief to Tulip Star Hotel, has upheld an order of the Commissioner of Income Tax (Appeals) w.....
Tags : Income Tax Appellate Tribunal, Tulip Star Hotel
Madras HC Quashes Notification Increasing Speed Limit of Motor Vehicles on Expressways(15.09.2021)
Madras High Court has quashed a notification issued by the Centre on April 6, 2018 increasing the speed limit of motor vehicles to 120 km/hr on expres.....
Tags : Madras High Court, Notification Increasing Speed Limit of Motor Vehicles on Expressways
ITAT, Delhi: TDS Required to be Deductible on Commission to Overseas Agents(15.09.2021)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the Tax Deducted at Source (TDS) is required to be deductible on the amount of commission pa.....
Tags : Income Tax Appellate Tribunal, Commission to Overseas Agents
Del. HC: Unforeseen Incident Not Ground to Let Go of offender for Rash Driving(06.11.2023)
Delhi High Court has held that the happening of an accident is an unforeseen incident but it cannot be a ground to let off the offender for rash and n.....
Tags : Delhi High Court, Unforeseen Incident, Rash and Negligent Driving
SC Dismisses BJP Members' Petition Challenging Increase of Seats in Mumbai Corporation(18.02.2022)
Supreme Court has dismissed a petition challenging the Maharashtra Ordinance which increased the electoral seats in the Municipal Corporation of Great.....
Tags : Supreme Court, Increase of Seats in Mumbai Corporation
ITAT, Mumbai: AOP Running Educational Institution Eligible For Exemption(22.02.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that an unregistered Association of Persons (AOP), formed by an agreement merging two charitable Trust.....
Tags : Income Tax Appellate Tribunal, AOP Running Educational Institution
ITAT, Chennai Allows Loss on Investment in Subsidiary Company as Business Loss(23.02.2022)
Income Tax Appellate Tribunal (ITAT), Chennai has allowed the loss on investment made in subsidiary company for increasing business expediency to be w.....
Tags : Income Tax Appellate Tribunal, Loss on Investment in Subsidiary Company
CESTAT: Service Tax Cannot be Levied on Incentives(15.03.2024)
Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) while distinguishing between ‘commission’ and ‘incentive’ has held that se.....
Tags : CESTAT, Service Tax, Incentives
All. HC: EMI of Personal Loan to be Added in Monthly Income for Determining Maintenance u/s 125 CrPC(15.03.2024)
Allahabad High Court has held that in order to determine the monthly allowance payable to the wife under Section 125 of the Code of Criminal Procedure.....
Tags : Allahabad High Court, Section 125 of CrPC, Personal Loan, Monthly Income
SC: Specific Reference Needed to Effect Incorporation of Arbitration Clause in Another Contract(21.03.2024)
Supreme Court has held that when parties enter into a contract, making a general reference to another contract, such general reference would not have .....
Tags : Supreme Court, Incorporation, Arbitration Clause
Calcutta HC: Reasons Recorded in 142(1) Notice Not Existing at Issue of Re-Assessment Notice(05.04.2022)
Calcutta High Court has observed that the reasons mentioned in the notice under Section 142(1) and Section 147 of the Income Tax Act, 1961 were not ex.....
Tags : Calcutta High Court, Section 142(1), Section 147 of the Income Tax Act, 1961, re-assessment notice
SC: 2015 Amendment to S. 153C of IT Act Will have Retrospective Application(06.04.2023)
Supreme Court has held that amendment to Section 153C of Income Tax (IT) Act 1961 by Finance Act 2015 will retrospectively apply to searches conducted.....
Tags : Supreme Court, Income Tax, Section 153C, Retrospective Application
SC: CIT can Revise Erroneous Order by Assessing Officer Causing Prejudice to Revenue(10.04.2023)
Supreme Court has held that Commissioner of Income Tax (CIT) can while exercising his power of revision under Section 263 of Income-Tax Act, 1961, rev.....
Tags : Supreme Court, Income-Tax, CIT, Assessing Officer
Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)
Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961
MP HC: Can’t Sustain Proc. Against Accomplice for Fraud When Proc. Against Principal Borrower Closed(04.06.2024)
Madhya Pradesh High Court has observed that accomplices involved in the offence of fraud cannot be prosecuted once proceedings initiated against the p.....
Tags : MP High Court, Principal Borrower, Accomplice
Mad. HC: Principles of Natural Justice to be Followed While Dealing With App. for Organ Donation(04.06.2024)
Madras High Court has observed that it is necessary to comply with the principles of natural justice while dealing with applications for organ donatio.....
Tags : Madras High Court, Principles of Natural Justice, Organ Donation
ITAT, Ahmedabad: Higher Rate of Depreciation Available to Vehicles Let Out on Hire(22.04.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the assessee can avail higher rate of depreciation that is accessible to vehicles to let out o.....
Tags : Income Tax Appellate Tribunal, assessee, higher rate, depreciation
ITAT, Ahmedabad: Payments to Medical Labs for Screening of Sickle Cell Anemia Subject to TDS(22.04.2022)
Income Tax Appellate Tribunal, Ahmedabad has held that under sections 194J and 194C of the Income Tax Act, 1961 is applicable to the payments made to .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, sickle cell anemia, medical labs
ITAT, Chennai: No TDS on Advertisement Expenses Paid to Online Platforms(22.04.2022)
Income Tax Appellate Tribunal, Chennai, while granting relief to Matrimony.com, has held that Tax Deducted at Source shall not be paid on advertisemen.....
Tags : Income Tax Appellate Tribunal, Matrimony.com, Tax Deducted at Source, advertisement expenses, Facebook Ireland
SC: No Penalty Under S.271C of IT Act for Mere Delay in Remittance of TDS(11.04.2023)
Supreme Court while observing that words used in Section 271C(1)(a) are ‘fails to deduct’, and the same doesn’t speak about belated remittance of TDS,.....
Tags : Supreme Court, TDS, Remittance, Income Tax Act
SC: Can’t Deny Increment Merely Because Employee Retired Next Day of Earning it(12.04.2023)
Supreme Court has held that merely because government employee retired on the very next day of earning the increment, he cannot be denied the annual i.....
Tags : Supreme Court, Annual Increment, Government Employee, Retire
Meg. HC: In Service Matters, Claim of Additional Increment is Not a Continuing Ground(18.06.2024)
Meghalaya High Court has observed that in service matters, additional increment is not a continuing ground, hence, relief cannot be granted on grounds.....
Tags : Meghalaya High Court, Service Matters, Additional Increment
Universal Music India Rejoices as Bombay HC Upholds ITAT Order(11.05.2022)
Bombay High Court in a major relief to Universal Music India, has upheld an order of the Income Tax Appellate Tribunal (ITAT) quashing a revisional or.....
Tags : Bombay High Court, Universal Music India, Income Tax Appellate Tribunal, section 263
ITAT, Chennai: Subscription Money Received in Advance by DTH Operators is Taxable(12.05.2022)
Income Tax Appellate Tribunal, Chennai has declared that subscription money received by direct-to-home (DTH) providers in advance is not taxable. The .....
Tags : Income Tax Appellate Tribunal, direct-to-home, subscription money
ITAT: Amendments to Income Tax Deduction for Contributions to ESI and PF Are Not Retrospective(12.05.2022)
Income Tax Appellate Tribunal, Jaipur has ruled that amended provisions relating to income tax deduction for ESI and PF contributions would be effecti.....
Tags : Income Tax Appellate Tribunal, 2021-22, retrospective, assessment year
Allahabad HC quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction
Allahabad HC Quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction
SC: In Cases of Long Incarceration, Watali Judgement Cannot be Cited as a Precedent(19.07.2024)
SC while granting bail to an accused under Unlawful Activities (Prevention) Act, 1967 has observed that in UAPA cases, where long incarceration has be.....
Tags : Supreme Court, UAPA, Long Incarceration
Kerala HC: Can’t Condone Delay in Approaching Revision Authority Under Income Tax Act(19.06.2024)
Kerala High Court while upholding the order of Single Bench, has held that delay in approaching revision authority under the Income-Tax Act, 1961 cann.....
Tags : Kerala High Court, Revision Authority, Income-Tax Act
Gau. HC: Compensation Awarded to Wife of Deceased Driver Enhanced(21.06.2024)
Gauhati High Court has enhanced the compensation awarded to the wife of a deceased driver on the ground that the Tribunal did not consider relevant in.....
Tags : Gauhati High Court, Compensation, Monthly Income
Utt. HC: Conditional Liberty Must Override Statutory Embargo Under NDPS Act(21.06.2024)
Utt. HC has observed that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the .....
Tags : Uttarakhand High Court, A. 21 of Constitution, Statutory Embargo, Prolonged Incarceration
Ker. HC: AO Can’t Reopen Assessment in Block Period of 6 Years if Absence of Incriminating Materials(24.06.2024)
Kerala High Court has held that in case of absence of incriminating materials, the Assessing Officer (AO) cannot reopen the assessment in a block peri.....
Tags : Kerala High Court, Incriminating Materials, Assessing Officer
AP HC: Prosecution Against Assessee for Belated Deposit of TDS, Quashed(25.06.2024)
Andhra Pradesh High Court while observing that the Commissioner of Income Tax failed to consider material placed by the assessee showing that there wa.....
Tags : Andhra Pradesh High Court, Commissioner of Income Tax, Belated Deposit
Gau. HC: Accused Eligible for Bail if Undue Delay in Trial Completion and Prolonged Incarceration(01.07.2024)
Gauhati High Court has observed that if there is an undue delay in the completion of the trial, and that the incarceration of the accused is long enou.....
Tags : Gauhati High Court, Trial Completion, Incarceration
Delhi HC: Advertising Campaign Can be Protected Under IP Law if it Has Become Distinctive(11.07.2022)
Delhi High Court has held that an advertising campaign can be granted protection in Intellectual Property (IP) law, if it signifies the source and has.....
Tags : Delhi High Court, Advertising Campaign, Distinctive
ITAT: Income from Cricket Betting is Business Income(12.07.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has upheld addition of Income from Cricket Betting as Business Income.
Tags : ITAT, Cricket Betting, Business Income
SC: Twin Conditions in Section 10B(8) of IT Act Has to be Fulfilled to Claim Exemption Relief(13.07.2022)
Supreme Court has held that for claiming the benefit under Section 10B (8) of the Income Tax (IT) Act, the twin conditions of furnishing a declaration.....
Tags : Supreme Court, Exemption Relief, Income-Tax
Del HC: MSMED Act Not Applicable to CA Firms Appointed as Special Auditors(10.07.2023)
Delhi High Court has held that MSMED Act, 2006 is not applicable to a CA firm appointed as ‘Special Auditor’ under Section 142(2A) of the Income Tax A.....
Tags : Delhi High Court, MSMED Act, Special Auditor, Income-Tax
Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act(29.08.2024)
Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fe.....
Tags : Calcutta High Court, S. 34 of A&C Act, Higher Fees, Principal Applications
SC: Witness Making Self-Incriminating Statements Can be Summoned as Additional Accused(13.09.2024)
Supreme Court has held that he qualified privilege under the proviso to Section 132 of the Indian Evidence Act, 1872 does not grant complete immunity .....
Tags : Supreme Court, Additional Accused, Self-Incriminating
Delhi HC: Writ Remedy Cannot be Invoked in Tax Matters(02.05.2022)
Delhi High Court has held that the writ remedy under Article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 19.....
Tags : Delhi High Court, article 226, Indian Constitution, Income Tax Act, 1961
ITAT, Cuttack: Source of Money Cannot be Doubted if Fixed Deposits Are Made Out of Savings(02.05.2022)
Income Tax Appellate Tribunal, Cuttack has observed that the cause of money cannot be doubted if the fixed deposits are made out of the savings of the.....
Tags : Income Tax Appellate Tribunal, fixed deposits, assessee
Bom HC: Non-Disposal of Registration Application in 6 Months Would Not Result in Deemed Registration(24.10.2024)
Bombay High Court has clarified that non-disposal of application for registration by granting or refusing registration, before the expiry of six month.....
Tags : Bombay High Court, Income Tax Act, Registration
Bom. HC: Workers in Statutory Canteens are Principal Employer’s Employees(25.10.2024)
Bombay High Court while dismissing a petition challenging jurisdiction of Industrial Courts over employment status of canteen workers, has held that s.....
Tags : Bombay High Court, Principal Employer, Statutory Canteens
Del. HC: Can’t Reopen Assessment if Mistake Made on Part of AO Results in Under Assessment of Income(12.11.2024)
Delhi High Court has held that if there is a mistake on the part of the Assessing Officer that resulted in under assessment of the income, it cannot b.....
Tags : Delhi High Court, Assessing Officer, Assessment of Income
Kerala HC: Determine Notional Income of Ordinary Worker on the Basis of Fair Wages(15.11.2024)
Kerala High Court has observed that while awarding compensation for motor accidents, notional income of ordinary worker must be determined on the basi.....
Tags : Kerala High Court, Ordinary Worker, Notional Income, Fair Wages
SC: Cite Particular Incidents of Authoritarian Extra(12.02.2021)
Supreme Court has requested a gaggle of younger legal professionals, who highlighted the ‘indiscriminate’ arrests of “tens of thousands of petty trade.....
Tags : SC, Incidents
ITAT, Pune: Sale Consideration for Sale of Software Products is Business Income(15.02.2021)
Income Tax Appellate Tribunal (ITAT) Pune has ruled that the sale consideration received for the sale of software products from the end-users, distrib.....
Tags : Income Tax Appellate Tribunal, Sale Consideration for Sale of Software Products
Del. HC: High Earning Wife Not Truthfully Disclosing Her Income, Not Entitled to Maintenance(13.09.2023)
Delhi High Court has observed that a highly qualified wife who has been earning but is not willing or inclined to truthfully disclose her true income,.....
Tags : Delhi High Court, Maintenance, Wife, Income
Del. HC: High Earning Wife Not Truthfully Disclosing Her Income, Not Entitled to Maintenance(13.09.2023)
Delhi High Court has observed that a highly qualified wife who has been earning but is not willing or inclined to truthfully disclose her true income,.....
Tags : Delhi High Court, Maintenance, Wife, Income.
Del. HC: High Earning Wife Not Truthfully Disclosing Her Income, Not Entitled to Maintenance(13.09.2023)
Delhi High Court has observed that a highly qualified wife who has been earning but is not willing or inclined to truthfully disclose her true income,.....
Tags : Delhi High Court, Maintenance, Wife, Income
SC Grants Bail in Money Laundering Case Citing Prolonged Incarceration(21.02.2025)
Supreme Court while hearing the plea of accused who had been in custody for 14 months in a money laundering case, has granted bail to him citing prolo.....
Tags : Supreme Court, Prolonged Incarceration, Money Laundering
Allahabad High Court Orders Enquiry into Lucknow District Court Violence Incident(19.11.2021)
Allahabad High Court has ordered an inquiry into the violent behavior of the lawyers outside the Lucknow District Court campus on October 30, stressin.....
Tags : Allahabad High Court, Enquiry into Lucknow District Court Violence Incident
SC: Deceased Without Any Income, Legal Heirs Entitled to Future Prospects of Rise in Income(19.11.2021)
Supreme Court has observed the even in case of a deceased who had no income at the time of death, their legal heirs shall also be entitled to future p.....
Tags : Supreme Court, Deceased Without Any Income
Kerala HC: Substantial Distinction Between Consent and Submission to Sexual Intercourse(19.11.2021)
Kerala High Court has held that there is a substantial distinction between consent and submission to sexual intercourse. The Court has observed that m.....
Tags : Kerala High Court, Distinction Between Consent and Submission to Sexual Intercourse
SC: Dependents Entitled to Compensation for Loss of Income Even if They Inherit Business of Deceased(04.10.2022)
Supreme Court has held that motor accident compensation need not be reduced for the sole reason that that the business ventures and properties of the .....
Tags : Supreme Court, Compensation, Loss of Income
Supreme Court: Can’t Use Statement of One Accused against Another(20.05.2025)
SC has observed that the fundamental cannon of criminal jurisprudence is that a statement of one accused person cannot be used against another co-accu.....
Tags : Supreme Court, Fundamental Cannon, Inculpatory Confessions
SC: Restriction u/s 80-IA(9) of the Income Tax Act, 1961 is Not on Computing the Total Gross Income(22.05.2025)
Delhi HC has observed that the restriction under sub-section (9) of Section 80-IA of the Income Tax Act, 1961 is not on computing the total gross inco.....
Tags : Delhi High Court, Income Tax Act, Total Gross Income
Ker HC: Distinction b/w Murder and Culpable Homicide not Amounting to Murder Must Not be Overlooked(16.08.2023)
Kerala High Court has observed that the distinction between murder and culpable homicide not amounting to murder must not be overlooked as it would re.....
Tags : Kerala High Court, Distinction, Murder, Culpable Homicide
SC: Principle of Mutuality not Applicable to Income from Deposits in Member Banks(21.08.2023)
Supreme Court has held that if any income is earned by the Clubs through deposits made by clubs in banks that are members of the club, such income wou.....
Tags : Supreme Court, Principle of Mutuality, Clubs, Banks
Del HC Declines Assess. Issued in Wrong Name after Entity’s Merger, Distinguishes from SC Judgment(20.01.2025)
Del HC while declining Income Tax Department's appeal for treating the error committed in naming relevant entity while issuing reassessment notices as.....
Tags : Delhi High Court, Income Tax Department, Assessment
# Budget 2025 – Important Laws(01.02.2025)
# New Income Tax Bill is set to be introduced which seeks to replace the present Income Tax Act, 1961.
# Jan Vishwas Bill 2.0 to be introduced to de.....
Tags : New Income Tax Bill, Jan Vishwas Bill 2.0
All HC: It’s Known that Students in UP are Suffering Due to Non-Availability of Principal & Teachers(04.02.2025)
Allahabad High Court while hearing a petition over non-appointment of teaching staff, has remarked that it is well known fact throughout the State of .....
Tags : Allahabad High Court, Non-Availability, Principal
Income Tax Bill, 2025 Set to be Introduced in Lok Sabha Today(13.02.2025)
Finance Minister Smt. Nirmala Sitharaman is set to introduce the Income Tax Bill, 2025 which aims to consolidate and amend the taxation laws of the co.....
Tags : Income Tax Bill, Finance Minister, Lok Sabha
ITAT, Bangalore Grants Partial Relief to Google Ireland Where Tribunal Expedited Hearing(06.09.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore has granted partial relief to Google Ireland where the Tribunal expedited the hearing and posted the m.....
Tags : Income Tax Appellate Tribunal, Partial Relief to Google Ireland
ITAT: Father Can’t be Taxed for Cash Deposit in Bank Account Opened in The Name of Major Son(25.07.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench while deleting an addition for cash deposit, has held that the clubbing of income under the provision.....
Tags : ITAT, Minor Children, Income-Tax, Bank Account
ITAT: Shipping Income Derived in India from International Traffic is Not Taxable in India(28.07.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that shipping income derived in India from international traffic is not taxable in India a.....
Tags : ITAT, Shipping Income, India-UAE Tax Treaty
SC Dismisses CBI’s Review Petition against 2023 Judgment(08.08.2025)
SC has dismissed review petition filed by Central Bureau of Investigation against the 2023 judgment in Ritu Chhabaria v. Union of India And Ors (MANU/.....
Tags : Supreme Court, Review Petition, Incomplete Chargesheet
SC Dismisses CBI’s Review Petition against 2023 Judgment(08.08.2025)
SC has dismissed review petition filed by Central Bureau of Investigation against the 2023 judgment in Ritu Chhabaria v. Union of India And Ors (MANU/.....
Tags : Supreme Court, Review Petition, Incomplete Chargesheet
Delhi HC: Income Tax Evasion Complaint Not Premature Despite Pending Reassessment(12.08.2025)
Delhi HC has held that pending reassessment does not bar prosecution under Sections 276-C/277 of the Income Tax Act. The complaint by an authorised of.....
Tags : Delhi High Court, Income Tax Act, Tax Evasion, Criminal Prosecution, Neena Bansal Krishna
CBDT Notifies Conditions for Exemption of Income Accrued or Received by Non-Resident(13.12.2021)
Central Board of Direct Taxes (CBDT) has notified conditions for exemption of income accrued or received by, non-resident as a result of transfer of n.....
Tags : Central Board of Direct Taxes, Exemption of Income Accrued or Received by Non-Resident
Del HC: Recovery of Annual Report & Share Cert. from Assessee's Premises Not Incriminating Documents(28.09.2022)
Delhi High Court has held that the recovery of the annual report and the share certificate of the assessee premises cannot be considered to be incrimi.....
Tags : Delhi High Court, Incriminating Documents, Annual Report
SC: Trial Won’t be Vitiated on Failure to Put All Incriminating Circumstances Unless Prejudice Caused(25.09.2023)
Supreme Court has held that where there has been a failure in putting all incriminating circumstances appearing against accused in evidence, the same .....
Tags : Supreme Court, Incriminating Circumstances, Prejudice
SC: Person Deemed to be ‘Principal Employer’ if Acts as Agent of Owner or Supervise the Establishment(22.04.2025)
Supreme Court while upholding conviction of a General Manager for not remitting Employees' State Insurance contribution to ESIC, has observed that a p.....
Tags : Supreme Court, Principal Employer, Employees' State Insurance
SC: Can Presume that Unemployed Husband was Dependant on Deceased Wife’s Income(01.05.2025)
Supreme Court has held while determining insurance compensation, partial dependency of unemployed husband on income of deceased wife can be presumed.
Tags : Supreme Court, Unemployed Husband, Wife’s Income
SC: Inconsistent Decisions Coming Out from Different Benches Shake Public Trust(01.05.2025)
Supreme Court has stated that consistency in judicial outcomes is the hallmark of a responsible judiciary. Inconsistent decisions coming out from diff.....
Tags : Supreme Court, Inconsistent Decisions, Public Trust
ITAT, Mumbai Quashes Demand of 6% of Value of Exempted Service as Job Work(20.10.2021)
Income Tax Appellate Tribunal (ITAT), Mumbai has quashed the demand of 6% of value of exempted service as job work is incidental and ancillary to manu.....
Tags : Income Tax Appellate Tribunal, Exempted Service
ITAT, Kolkata Deletes Addition as Interest on Loan After Deduction of TDS(22.10.2021)
Income Tax Appellate Tribunal (ITAT), Kolkata has deleted the addition as interest on Loan duly paid by the assessee after deducting Tax Deducted at S.....
Tags : Income Tax Appellate Tribunal, Interest on Loan After Deduction of TDS
SC: ‘Known Sources of Income' Means Sources Known to Prosecution And Not to Accused(06.09.2022)
Supreme Court has held that term ‘known sources of income’ in Section 13(1)(e) of the Prevention of Corruption Act, 1988 would mean the sources known .....
Tags : Supreme Court, Prevention of Corruption, Sources of Income
ITAT: No Documentary Evidence to Substantiate PRP as Expenditure, Claim is Not Sustainable(07.09.2022)
Income Tax Appellate Tribunal, Kolkata has observed that the claim of Performance Related Pay (PRP) is not sustainable when no documentary evidence wa.....
Tags : Income Tax Appellate Tribunal, Performance Related Pay, documentary evidence
Kerala High Court to Centre Over Non-Inclusion of Petroleum Products Under GST(02.12.2021)
Kerala High Court was discontent with the reasons given by the Goods and Services Tax Council for its decision to not include petrol and diesel within.....
Tags : Kerala High Court, Non-Inclusion of Petroleum Products Under GST
Delhi HC: Minor Inconsistency in Statement Does Not Make Unreliable Witness(02.12.2021)
Delhi High Court has observed that minor inconsistency in a statement made by a wife during cross-examination by husband before Family Court in divorc.....
Tags : Delhi High Court, Minor Inconsistency in Statement
Kerala HC: Taking DNA Samples of Rape Accused Does Not Violate His Right Against Self-Incrimination(02.11.2022)
Kerala High Court has held that the protection guaranteed under Article 20(3) of the Constitution of India does not extend to protecting an accused fr.....
Tags : Kerala High Court, Self-Incrimination, DNA Sample
Del. HC: Increase Income Threshold for EWS Adm. in Schools from Rs. 1 Lakh to Rs. 5 Lakh(06.12.2023)
Delhi High Court has ordered that to increase the existing income threshold of Rs. 1 lakh per annum, for admissions under Economically Weaker Section .....
Tags : Delhi High Court, Economically Weaker Section, School Admission, income threshold
Gujarat High Court Asks CBDT to Decide on Extension of Deadline by January 12(11.01.2021)
Gujarat High Court has directed Central Board of Direct Taxation (CBDT) to take a decision by 12th January, 2021 on the extension of filing of Income .....
Tags : Gujarat High Court, Extension of Deadline for Filing Income Tax Returns
Kerala HC: Can't Seek Annual Increment for Pension & Gratuity if it Falls Due After Superannuation(25.11.2022)
Kerala High Court has held that a government servant who retires on the last working day of the preceding month and whose annual increment falls due o.....
Tags : Kerala High Court, Superannuation, Increment
SC Strikes Down Section 10(26AAA) Income Tax Act as Unconstitutional(16.01.2023)
Supreme Court while striking down exemption provision under Section 10(26AAA) Income Tax Act as unconstitutional for excluding Sikkimese woman because.....
Tags : Supreme Court, Section 10(26AAA) Income Tax Act, Unconstitutional, Sikkimese woman
Kar. HC: Pay and Recover Principle to be Applied in Cases Where Driving License of Driver Not Found(23.01.2024)
Karnataka HC has held that in cases where valid driving license of the driver involved in accident is not found then the Claims Tribunal has to apply .....
Tags : Karnataka High Court, Driving License, Pay and Recover Principle
Kerala HC: Revisional Power U/S 263 Not Invocable When AO Grants Sec 32AC Deduction After Inquiry(05.11.2025)
Kerala High Court held that revisional power under Section 263 of the Income Tax Act cannot be exercised when the Assessing Officer, after due inquiry.....
Tags : Assessing Officer, Income Tax Act, Inquiry
J&K & Ladakh HC: Claims under Roshni Act Void Ab Initio, Ownership Rights Null from Inception(14.11.2025)
J&K & Ladakh High Court held that the Roshni Act, 2001, being unconstitutional and void ab initio, cannot create any legal right or claim. Consequentl.....
Tags : Claims, Ownership, Inception,
SC: Rejection of Income Tax Settlement Application Doesn’t Bar Assessee from Contesting Assessment(17.11.2025)
Supreme Court observed that rejection of an assessee’s settlement application by the Income Tax Settlement Commission, without offering settlement ter.....
Tags : Rejection, Income Tax, Assessment
ITAT: Multiple Flats on Different Floors Cannot be Treated as Single Residential House(29.06.2022)
Income Tax Appellate Tribunal (ITAT), Cuttack Bench has held that the multiple flats in different floors of the same building cannot be treated as a s.....
Tags : ITAT, Capital Gain Exemption, Income-Tax Act
ITAT: Not All Appellate Orders are Erroneous(30.06.2022)
Income Tax Appellate Tribunal (ITAT), Cuttack bench has advised the income tax department to be careful in filing the appeals against the orders of th.....
Tags : ITAT, Income Tax Department, Erroneous
ITAT: 3rd Party Statement alone not Incriminating Material for justifying Addition in Assessment(30.06.2022)
Income Tax Appellate Tribunal (ITAT), Jaipur bench has held that third party statement alone, not incriminating material for justifying addition made .....
Tags : ITAT, Incriminating Material, Income-Tax Act
Bom. HC: Writing Off Bad Debt Can’t be Considered as Asset u/s 153A(1) of IT Act(07.09.2023)
Bombay High Court has held that writing-off of a bad debt cannot fall within the ambit of “income, represented in the form of an asset” under Section .....
Tags : Bombay High Court, Bad Debt, Asset, Income-Tax Act
NCLAT: Cannot Withhold Income Tax Refund Received by Bank During CIRP In CD's Account(11.07.2025)
NCLAT New Delhi bench has held that during the Corporate Insolvency Resolution Process, Income Tax Refund received by the bank in the corporate debtor.....
Tags : NCLAT New Delhi, Income Tax Refund, Corporate Debtor
Allahabad HC: Absence of Activity at Principal Place Doesn’t Imply Invoice to Assessee is Fake(14.07.2025)
Allahabad HC has held that absence of any activity at the principal place of business of the assessee, by itself cannot result in a presumption that t.....
Tags : Allahabad High Court, Absence of Activity, Principal Place
MP HC Suspends Sentence of Convict Citing Inconsistencies Between Dying Declaration & Oral Statement(12.12.2022)
Madhya Pradesh High Court has suspended the sentence of a murder convict on the ground that there were certain inconsistencies between the dying decla.....
Tags : Madhya Pradesh High Court, Murder, Dying Declaration, Inconsistencies
Bom. HC: Assessee Cannot be Permitted to Raise Defect in Notice After 30 Years(15.01.2024)
Bombay HC has held that even assuming that there was a defect in the notice, the assessee cannot be permitted to raise the same after 30 years as it h.....
Tags : Bombay High Court, Income-tax Act, Defect
Delhi HC: Need to Streamline Income Certificate Process For National Overseas Scholarship Scheme(29.09.2025)
Delhi High Court observed an urgent need to streamline the process for obtaining income certificates under the National Overseas Scholarship (NOS) Sch.....
Tags : Income Certificate, National Overseas Scholarship Scheme, Higher Studies
Delhi HC: ITSC Abolition Doesn’t Void Settlement Pleas Filed Between Feb 1–Mar 31, 2021(08.10.2025)
Delhi High Court held that the Finance Act 2021, which abolished the Income Tax Settlement Commission (ITSC) retrospectively and introduced the Interi.....
Tags : Income Tax Settlement Commission, Abolition, Finance Act
Kerala HC: Assessee Allowed to Challenge Section 68 Cash Credit Addition in Remand Proceedings(09.10.2025)
Kerala High Court ruled that an assessee can challenge cash credit additions under Section 68 of the Income Tax Act during remand proceedings, and the.....
Tags : Assessee, Income Tax Act, Remand Proceedings
ITAT Mumbai: No Tax Notice to Legal Heir of Deceased(17.11.2023)
Income-tax Appellate Tribunal, Mumbai has held an assessment order passed in the name of a deceased taxpayer to be 'non-est’ and quashed the addition .....
Tags : Income-tax Appellate Tribunal, Mumbai, deceased taxpayer
ITAT: Expenditure on Maintenance, Back-Up, and Support Services is Revenue in Nature(31.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has observed that expenditure on maintenance, backup, and support services to existing hardware and software .....
Tags : Income Tax Appellate Tribunal, maintenance, backup, hardware, software
ITAT: Expenditure On Maintenance, Back-Up, and Support Services is Revenue in Nature(31.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has observed that expenditure on maintenance, backup, and support services to existing hardware and software .....
Tags : Income Tax Appellate Tribunal, maintenance, backup, hardware, software
Delhi HC: Severity of Allegations Can’t be Justification for Pre-Trial Incarceration(21.07.2023)
Delhi High Court has observed that even though economic offences are serious in nature and the allegations if proved at the trial, must be met with re.....
Tags : Delhi High Court, Pre-Trial Incarceration, Economic Offence
All. HC: IT Act 1961 Vests Jurisdiction with Central Government to Appoint CIT (Appeal)(24.07.2023)
Allahabad High Court has held that Income Tax (IT) Act, 1961 vests jurisdiction on Central government to appoint an officer as Commissioner of Income-.....
Tags : Allahabad High Court, Commissioner of Income-tax (Appeals), Appeals
SC Comments on States Boasting High Per Capita Income and Still Claiming BPL Benefits(20.03.2025)
Supreme Court while hearing a matter pertaining to the free ration cards to migrant workers and unskilled labourers, has orally commented that there a.....
Tags : Supreme Court, Per Capita Income, BPL Benefits
Ministry of Finance: Income Tax Officials Can’t Access E-mails, Bank Accounts of All Assesses(27.03.2025)
Ministry of Finance has informed that Income Tax officials cannot access the personal emails, Bank accounts of all the assesses. However, there are pr.....
Tags : Ministry of Finance, Income Tax Officials, Personal Emails
Income Tax Appellate Tribunal Revokes Penalty on Jamsetji Tata Trust(29.10.2020)
Income Tax Appellate Tribunal (ITAT) has revoked a Rs. 37 Crores penalty imposed on the Jamsetji Tata Trust by the income tax department, rejecting it.....
Tags : Income Tax Appellate Tribunal, Jamsetji Tata Trust
ITAT, Ahmedabad: Deduction Can be Claimed under R&D for Development of Mechanism(03.11.2020)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that the deduction can be claimed under Research and Development (R&D) for Amount incurred to.....
Tags : Income Tax Appellate Tribunal, Deduction under R&D
Delhi HC Issues Notice on Complainant's Plea Challenging Anticipatory Bail of MP Prince Paswan(28.10.2021)
Delhi High Court has issued notice on the plea filed by complainant challenging the anticipatory bail granted to Lok Janshakti Party MP Prince Paswan .....
Tags : Delhi High Court, Anticipatory Bail of MP Prince Paswan
CBDT Notifies MP, Chandigarh Pollution Control Board Eligible for Income Tax Exemption(01.11.2021)
Central Board of Direct Taxes (CBDT) has notified the Madhya Pradesh and Chandigarh Pollution Control Board, Gujarat State Aids Control Society eligib.....
Tags : Central Board of Direct Taxes, Income Tax Exemption
Kerala HC: IT Act Doesn’t Impose Any Limitation for Filing Application for Condonation of Delay(21.11.2022)
Kerala High Court has held that Section 119(2)(b) of the Income Tax (IT) Act does not impose any limitation for the purposes of filing an application .....
Tags : Kerala High Court, Income-Tax, Limitation
ITAT, Dehradun: Interest on Income Tax Refund Not on Permanent Establishment Not Business Income(14.03.2022)
Income Tax Appellate Tribunal, Dehradun has ruled that interest on income tax refund received by a foreign enterprise is not effectively connected to .....
Tags : Income Tax Appellate Tribunal, Interest on Income Tax Refund
ITAT, Mumbai: LTCG on Penny Stock Transaction Cannot be Denied Exemption(15.03.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that long term capital gains arising from a penny stock transaction cannot be denied exemption under t.....
Tags : Income Tax Appellate Tribunal, LTCG on Penny Stock Transaction
ITAT: Employers Must Deposit Contribution Towards EPF/ESI on Time to Avail IT Deduction(18.03.2023)
Income Tax Appellate Tribunal (ITAT), Delhi bench has held that employers have to deposit employees' contributions towards EPF/ESI on time to avail of.....
Tags : ITAT, EPF/ESI, Income Tax Deductions, EPF/ESI
Del. HC: Threshold Income to Claim Financial Aid Under Rashtriya Arogya Nidhi Unreasonable(25.04.2024)
Delhi High Court while initiating a suo motu case, has observed that the eligibility criteria of threshold income under the Central Government's Rasht.....
Tags : Delhi High Court, Rashtriya Arogya Nidhi, Threshold Income
Principles of Condonation of Delay Explained by Supreme Court(10.04.2024)
SC has laid down certain principles of condonation of delay which include that merits of the case are not required to be considered in condoning the d.....
Tags : Supreme Court, Condonation of Delay, Principles
Del. HC: ITSC Can Only Grant Immunity from Penalty & Prosecution in Case of Full & True Disclosure(15.04.2024)
Delhi High Court has held that the power to grant immunity from penalty and prosecution is entrusted to the Income Tax Settlement Commission (ITSC) on.....
Tags : Delhi High Court, Income Tax Settlement Commission, Penalty & Prosecution, True Disclosure
Ker. HC: Assessment Order Quashed on Finding that Assessee Not Provided Effective Hearing(16.04.2024)
Ker. HC quashed an assessment order passed under the Income Tax Act, 1961, and held that since the assessee was not able to log in through link for vi.....
Tags : Kerala High Court, Assessment Order, Income Tax Act, 1961, Principles of Natural Justice
Del. HC Directs Dept. to Remove Demands From ITBA Portal as it Fails to Comply with ITAT's Order(19.04.2024)
Delhi HC has directed the Income-tax Department to remove the demands & penalty imposed upon the Assessee from ITBA portal, refund the amount lying wi.....
Tags : Delhi High Court, Income-tax Department, ITBA Portal
Gujarat HC Issues Notice on Plea Challenging Income Tax Provision Treating Defaulter at Par(14.01.2022)
Gujarat High Court has issued the notice to the government on a plea challenging Income Tax Provision treating defaulter as well as a genuine taxpayer.....
Tags : Gujarat High Court, Income Tax Provision Treating Defaulter at Par
Allahabad HC: Fixing Low Notional Income for Non-Earning Member Not Just and Reasonable(17.01.2022)
Allahabad High Court has observed that fixing notional income at Rs.15,000/- per annum for a family's non-earning members is not just and reasonable i.....
Tags : Allahabad High Court, Fixing Low Notional Income for Non-Earning Member
Supreme Court: Can’t Apply TDS to Business Undertakings Where Assessee Not Paying Income(29.02.2024)
Supreme Court has held that assessees would not be under a legal obligation to deduct tax at source on the income/profit component in payments receive.....
Tags : Supreme Court, TDS, Income
ITAT, Kolkata Directs CIT (A) to Send Notices to Advocates Through Email(07.02.2022)
Income Tax Appellate Tribunal (ITAT) Kolkata has directed the Commissioner of Income Tax (Appeals) to send notices to the advocate of the assessee thr.....
Tags : Income Tax Appellate Tribunal, Sending of notices Through Email
Jharkhand HC: Wages to Include Privileges or Benefits that Can be Measured in Terms of Money(07.02.2022)
Jharkhand High Court has held that wages under the Employees Compensation Act, 1923 include privileges or benefits that can be measured in terms of mo.....
Tags : Jharkhand High Court, Wages to Include Privileges or Benefits
All HC: Reassessment Proceedings for AY 2013-14, 2014-15 Initiated After 1 April 2021 Must be Closed(27.02.2023)
Allahabad High Court while observing that Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 has held that time limit .....
Tags : Allahabad High Court, Reassessment Proceedings, Income-Tax
CBDT: IBBI Eligible for IT Exemption on Grant in Aid, Fine, Fee, Interest Income(03.03.2023)
Central Board of Direct Taxes (CBDT) has notified that the Insolvency and Bankruptcy Board of India (IBBI) shall be eligible for the income tax exempt.....
Tags : CBDT, IBBI, Income-Tax Exemption
Meg. HC: POCSO Conviction Upheld, Accused and Victim had Lust and Infatuation(01.05.2024)
Meg. HC has upheld the conviction of a man under the Protection of Children from Sexual Offences Act, 2012 (POCSO) and after considering that at a you.....
Tags : Meghalaya High Court, POCSO, Incarceration
Bombay HC: Reassessment Notice after 4 Years should have the Sanction Of PCIT(23.01.2023)
Bombay High Court has ruled that issuing a reassessment notice after four years is subject to the approval of the Principal Chief Commissioner of Inco.....
Tags : Bombay High Court, reassessment notice, Principal Chief Commissioner of Income-tax
ITAT: 2% TDS Deductible On Common Area Maintenance Charges(25.01.2023)
Income Tax Appellate Tribunal (ITAT), Delhi has ruled that 2% Tax Deducted at Source (TDS) is deductible on common area maintenance charges. The court.....
Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, maintenance, assessee
Del. HC: IT Addition Eligible for Deduction u/s 80-IC of IT Act if Made Towards Unsub. Share Capital(04.04.2024)
Delhi High Court has held that Income Tax Addition are eligible for deduction under Section 80-IC of the Income Tax Act, 1961 if they are made towards.....
Tags : Delhi High Court, Section 80-IC of IT Act, Income Tax Addition, Unsubstantiated Share Capital
Del. HC: Rule 11UA of the IT Rules, 1962 Interpreted for Determination of FMV of Shares(08.04.2024)
Delhi High Court has held that rule 11UA of Income Tax Rules, 1962(IT Rules) has been interpreted by it for the determination of fair market value (FM.....
Tags : Delhi High Court, Income Tax Rules, Fair Market Value, Rule 11UA
ITAT, Delhi Deletes Penalty Since Non-Deduction of Tax was Due to Non-Receipt of Invoices(23.03.2022)
Income Tax Appellate Tribunal (ITAT), Delhi has deleted a penalty order under section 271C of the Income Tax Act, 1961 by holding that the non-deducti.....
Tags : Income Tax Appellate Tribunal, Non-Deduction of Tax
Calcutta HC Directs WB Govt to Submit Status Report on Rampurhat Incident in Birbhum District(24.03.2022)
Calcutta High Court has directed the West Bengal government to submit a status report on the Rampurhat incident in Birbhum district within 24 hours w.....
Tags : Calcutta High Court, Rampurhat Incident in Birbhum District
ITAT, Agra: No Late Fee for Failure to File TDS/TCS Returns Prior to 1st June(24.03.2022)
Income Tax Appellate Tribunal, Agra has held that the late fee shall not apply under section 234E of the Income Tax Act, 1961 for the failure to file .....
Tags : Income Tax Appellate Tribunal, Failure to File TDS/TCS Returns
NHRC Issues Notice to Bengal Government, Police on Birbhum Incident(25.03.2022)
National Human Rights Commission (NHRC) has issued notices to the West Bengal Chief Secretary and the Director General of Police over the violence in .....
Tags : National Human Rights Commission, Birbhum Incident
ITAT: Customs House Agent Bound to Pay TDS on Payment to CFS Agents(25.03.2022)
Income Tax Appellate Tribunal (ITAT), Chennai has held that the Customs House Agent bound to pay TDS under section 194C of the Income Tax Act, 1961 on.....
Tags : Income Tax Appellate Tribunal, TDS on Payment to CFS Agents
ITAT, Delhi Deletes Penalty Against Lahmeyer Holding GambH(12.04.2022)
Income Tax Appellate Tribunal , Delhi has granted relief to Lahmeyer holding that the penalty cannot be levied based on fact that the assessee under s.....
Tags : Income Tax Appellate Tribunal, Lahmeyer Holding GambH, section 44BBB of the Income Tax Act, 1961, permanent establishment, bonafide
CESTAT, Ahmedabad: Service Tax Cannot be Levied Based on Income Declared Under IDS(13.04.2022)
Customs, Excise, and Service Tax Appellate Tribunal, Ahmedabad has observed that service tax cannot be levied merely because the income declared under.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, service tax, Income Declaration Scheme, 2016
Bombay HC: Re-Assessment at Behest of Audit Party Invalid(13.04.2022)
Bombay High Court has observed that the re-assessment under section 147 of the Income Tax Act, 1961 is bad in law since the same was at the request of.....
Tags : Bombay High Court, section 147 of the Income Tax Act, 1961, audit party
SC: In the Absence of Incriminating Material, AO Can’t Make Additions to Completed Assessment(26.04.2023)
Supreme Court has held that in case of completed assessment, if no incriminating material is found during search, the only remedy available to revenue.....
Tags : Supreme Court, Incriminating Material, Completed Assessment, Reassessment
Pat. HC: Section 45(5A) of Income Tax Act cannot be Treated as Retrospective(17.05.2023)
Patna High Court has held that Section 45(5A) of Income Tax Act 1961 can’t be treated as retrospective, and stated that there is presumption against r.....
Tags : Patna High Court, Income Tax Act, Retrospective
SC: Non-Questioning on Incriminating Circum. Vitiate Trial if Omission Causes Miscarriage of Justice(09.07.2024)
SC has observed that when incriminating circumstances are not put to question before accused and he is not given an opportunity to explain such incrim.....
Tags : Supreme Court, Incriminating Circumstances, Miscarriage of Justice
ITAT: Short Term Capital cannot be carried forward as it has not been claimed through a Return filed(21.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that short term capital cannot be carried forward as it has not been claimed through a ret.....
Tags : ITAT, Short Term Capital, Income-Tax Act
CBDT Opens Income Tax Portal for Income Tax Return Filing for The Year 2022-23(23.06.2022)
Central Board of Direct Taxes (CBDT) has enabled the function of filing of the income tax return for the year 2022-23.
Tags : CBDT, Income-Tax Return, 2022-23
Madras HC: Royalty Income Not Relatable to Export Business Excludable from Business Profit(23.06.2022)
Madras High Court has upheld the exclusion of royalty income from business profits for calculation of deduction under Section 80HHC of Income-Tax Act,.....
Tags : Madras High Court, Royalty Income, Business Profit
CBDT Issues Guidelines on 1% TDS on Virtual Digital Assets from 1st July(23.06.2022)
Central Board of Direct Taxes (CBDT) has issued guidelines to levy one percent TDS on the virtual digital assets under Section 194S of the Income Tax .....
Tags : CBDT, Virtual Digital Assets, Income-Tax Act
Meghalaya HC: Courts Required to Bring Specific Attention of Accused to Incriminating Materials(23.06.2022)
Meghalaya High Court while setting aside a conviction has held that trial Courts are required to attract specific attention of accused to those materi.....
Tags : Meghalaya High Court, Conviction, Incriminating Materials
ITAT: Prima Facie Belief That There is Escape of Income is Sufficient Proof to Re-Open Assessment(23.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench has held that prima facie belief that there is the escape of income is sufficient proof to initiate r.....
Tags : ITAT, Income Tax Act, 1961, Reassessment
Man. HC: IT Officer to Communicate Order of Reassessment and Demand Notice Within Time(23.07.2024)
Manipur High Court has held that if the Income Tax Officer makes reassessment without communicating the order of reassessment and the demand notice of.....
Tags : Manipur High Court, Income Tax Officer, Demand Notice
SC: For Purpose of Bail, Continued Incarceration With No Fault of Accused Would Enure to His Benefit(25.09.2024)
Supreme Court while granting bail to an accused under the Prevention of Money Laundering Act, 2002 has observed that continued incarceration where the.....
Tags : Supreme Court, PMLA, Continued Incarceration
Bom. HC: Sai Baba Sansthan Trust Eligible for Exemption on Income Tax for Anonymous Donations(09.10.2024)
Bombay High Court while upholding the order by ITAT, has affirmed that Shri Sai Baba Sansthan Trust situated in Shirdi is eligible for exemption from .....
Tags : Bombay High Court, Sai Baba Sansthan, Income Tax
Madras HC: To Invoke PMLA, Mere Possession of Proceeds of Crime Sufficient(09.10.2024)
Bombay High Court while upholding the order by ITAT, has affirmed that Shri Sai Baba Sansthan Trust situated in Shirdi is eligible for exemption from .....
Tags : Bombay High Court, Sai Baba Sansthan, Income Tax
SC: Acquittal Upheld in Cheque Dishonour Case for Contradiction in Statements of Complainant(09.08.2024)
SC has upheld acquittal of an accused in a cheque dishonor case on the ground that there was no financial capacity or acknowledgement in complainant’s.....
Tags : Supreme Court, Cheque Dishonor, Income Tax Returns
Chh. HC: Continuance of Benefit of Advance Increment Can’t be Claimed by Employee after Promotion(09.08.2024)
Chhattisgarh High Court has held that continuance of advance increments granted for family planning purposes cannot be claimed by employees once they .....
Tags : Chhattisgarh High Court, Advance Increment, Promotion, Pay Scale
AP HC: Court Can’t Ignore Basic Principles of CPC while Deciding Petition u/s of Arbitration Act(07.01.2025)
Andhra Pradesh High Court has observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principle.....
Tags : AP High Court, Basic Principles, Procedural Provision
Del HC: If Reassessment Notice Issued During Lifetime of Deceased Assessee, Dept. Can Invoke S. 159(10.01.2025)
Delhi High Court has held that the Income Tax Department can invoke Section 159 of the Income Tax Act, 1961 for proceeding against the legal represent.....
Tags : Delhi High Court, Income Tax Department, Legal Representative
Del. HC: Can Condone Delay in Issuing Requisition u/s 132A of IT Act Due to Dept’s. Investigation(13.01.2025)
Delhi High Court has held that court can condone delay in issuing requisition under Section 132A of the Income Tax Act, 1961 if the delay has occurred.....
Tags : Delhi High Court, Condone Delay, Income Tax Department
HP HC: Mentioning of Wong Provision Not Fatal to Application(14.01.2025)
HP High Court while hearing an application filed under S. 151 of CPC rather than Section 29A of A&C Act, has held that it is well-settled law that mer.....
Tags : HP High Court, Incorrect Provision, Application
Del. HC: Revenue Needs to Spell Out Clear Ground for Initiating Penalty Proceedings(26.11.2024)
Del. HC has stated that ‘Concealment of income’ & ‘furnishing of inaccurate particulars’ of income u/s 271(1) (c) of IT Act carry different meanings. .....
Tags : Delhi High Court, Penalty Proceedings, Concealment of Income
NCLAT: Can Admit Application u/s 7 of IBC if Interest on Principal Amount Crosses Threshold Limit(02.12.2024)
NCLAT Delhi bench has held that application under Section 7 of Insolvency and Bankruptcy Code, 2016 can be admitted if interest on principle amount di.....
Tags : NCLAT Delhi, Principal Amount, Corporate Debtor
ITAT: IT Exemption To Defence Personnel Invalidated From Service Due To Disability(18.10.2022)
Income Tax Appellate Tribunal, Delhi has observed that income tax (IT) exemption should be available to Defence Forces personnel who have been invalid.....
Tags : Income Tax Appellate Tribunal, exemption, Defence
ITAT: Payment Made By Assessee To Non-Resident Supplier Amount To "Royalty"; Liable To Deduct TDS(19.10.2022)
Income Tax Appellate Tribunal, Ahmedabad has observed that the payment made by the assessee to the non-resident supplier would amount to royalty and t.....
Tags : Income Tax Appellate Tribunal, assessee, deduct tax at source
ITAT: Vodafone Idea Not Liable To Deduct TDS On Discount Allowed On Purchase Of Prepaid SIM Cards(21.10.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that Vodafone Idea is not liable to Deduct Tax at Source (TDS) on the discount allowed to the distribu.....
Tags : Income Tax Appellate Tribunal, SIM, Deduct Tax at Source
Del. HC Upholds Validity of Section 115BBE of Income Tax Act(29.12.2023)
Delhi High Court while observing that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power wo.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act
Raj HC: No Penalty on Assessee u/s 270A IT Act, Once Deduction Claim for Education Cess is Withdrawn(05.01.2024)
Rajasthan High Court has held that no penalty shall be imposed on the Assessee under Section 270A of Income-Tax Act, 1961, once the deduction claim fo.....
Tags : Rajasthan High Court, Education Cess, Deduction Claim, Income-Tax Act
SC: Supreme Court Summarises Principles Relating to Compassionate Appointment(17.02.2025)
The Supreme Court while setting aside Judgment of Division Bench has summarised principles relating to compassionate appointment stating that idea of .....
Tags : Supreme Court, Compassionate Appointment, Principles
Bom. HC: Long Incarceration Can Lead to Post-Incarceration Syndrome Including Depression, Anxiety(18.02.2025)
Bombay High Court while granting bail to an accused who spent more than nine years in jail, has stated that long incarceration can lead to post-incarc.....
Tags : Bombay High Court, Long Incarceration, Depression
ITR Filing Date Extended from 31st July to 15th September(28.05.2025)
Central Board of Direct Taxes has extended the due date for filing Income Tax Return (ITR) from 31st July 2025 to 15th September 2025 to facilitate sm.....
Tags : CBDT, Income Tax Return, Taxpayers
SC to Consider Whether Courts Can Hear Disputes Relating to Properties of Erstwhile Princely States(03.06.2025)
Supreme Court is set to consider whether Courts under Article 363 of the Constitution of India have the jurisdiction to hear disputes relating to the .....
Tags : Supreme Court, Princely States, Article 363
Delhi HC: Passing Off is a Distinct Right, Which Resides in its Own Common Law Space(02.07.2025)
Del. HC has observed that passing off is a distinct right, which resides in its own common law space, apart from & independent of, the confines and co.....
Tags : Delhi High Court, Distinct Right, Passing Off
Delhi HC: Passing Off is a Distinct Right, Which Resides in its Own Common Law Space(02.07.2025)
Del. HC has observed that passing off is a distinct right, which resides in its own common law space, apart from & independent of, the confines and co.....
Tags : Delhi High Court, Distinct Right, Passing Off
Delhi HC: Inclusive Education is About Recognising That Every Child Has a Place in Classroom(03.07.2025)
Delhi High Court has observed that inclusive education is about recognising that every child has a place in the classroom not because they are the sam.....
Tags : Delhi High Court, Inclusive Education, Classroom
Del. HC: Director Not Individually Liable for Asset Transfer Without Consideration under S.276 IT Act(13.10.2025)
Delhi High Court held that a corporate director cannot be prosecuted individually for transferring a company asset to a relative, such as a daughter-i.....
Tags : Director, Asset, Consideration, Income Tax Act
Gujarat HC Directs CBDT to Extend ITR Filing Deadline to Nov 30 for Audit Assesses(14.10.2025)
Gujarat High Court directed the Central Board of Direct Taxes (CBDT) to extend the due date for filing income tax returns to November 30 for assesses .....
Tags : Central Board of Direct Taxes, Income Tax Returns, Audit Report
Bombay HC: Assessment Beyond DRP Directions & S.144C(13) Timeline is Invalid(15.10.2025)
Bombay HC held that the Deputy Commissioner cannot go beyond the directions of the dispute resolution panel (DRP), and any assessment completed beyond.....
Tags : Assessment, Dispute Resolution Panel, Income Tax Act
SC: If Some Offences are Quashed By Compromise, the FIR For The Same Incident Cannot Continue(20.11.2025)
Supreme Court set aside the Bombay High Court’s Aurangabad Bench order that partially quashed an FIR, dropping some charges but retaining the dacoity .....
Tags : Offence, FIR, Incident
Patna High Court: Mere Two-And-A-Half-Year Incarceration is Not Sufficient for Bail under UAPA(25.11.2025)
Patna High Court held that cases involving national security and public safety under UAPA are unlike ordinary criminal matters, and mere incarceration.....
Tags : Bail, Incarceration, National Security
Calcutta HC: Income Tax Returns Can Be Used to Assess Victim's Income; ?39 Lakh Compensation Granted(10.12.2025)
Calcutta High Court held that a victim's income tax return serves as a reliable basis to assess income in motor accident claims and awarded ?39 lakh c.....
Tags : Income Tax Return, Victim, Motor Accident
SC: Statutory Corporation Can Deduct under S.36(1)(viii) Only for Income from Long-Term Finance(11.12.2025)
Supreme Court held that a statutory corporation cannot claim the 40% deduction under Section 36(1)(viii) of the Income Tax Act for income earned outsi.....
Tags : Statutory Corporation, Finance, Income Tax Act
Supreme Court: Foreign Companies’ Head Office Expenses in India are Capped under Section 44C(16.12.2025)
In a setback to foreign companies operating in India, the Supreme Court has ruled that all head office expenses incurred outside India, whether common.....
Tags : Foreign Companies, Expenses, Income Tax Act
Bom. HC: Advance to Shareholder Not Used for Company’s Business Will be Treated as Deemed Dividend(18.08.2025)
Bombay HC has ruled that advances given by a company to a shareholder, if not proven to be used for the company’s business, will be treated as deemed .....
Tags : Bombay High Court, Income Tax Act, Section 2(22)(e), Deemed Dividend, Shareholder Advance
Chhattisgarh HC takes Suo-Motu Cognizance of Unregulated Knife Sales(19.08.2025)
Chhattisgarh High Court while taking suo motu cognisance of rising stabbings in Bilaspur has linked the surge to unchecked knife sales in local shops .....
Tags : Chhattisgarh High Court, Knife Trade, Stabbing Incidents
SC: Non-Discovery of Incriminating Material Not Equal to Non-Cooperation(26.08.2025)
Supreme Court while granting anticipatory bail to an accused, has stated that merely because nothing incriminating could be discovered would not mean .....
Tags : Supreme Court, Anticipatory Bail, Non-Cooperation, Incriminating Material
Calcutta HC: Cannot Summon Accused to Produce Incriminating Evidence against Himself(29.08.2025)
Calcutta High Court has held that it was never the legislative intent while enacting Section 91 of the Code of Criminal Procedure, 1973 that court can.....
Tags : Calcutta High Court, Section 91, Incriminating Materials
NCLAT: Plea under IBC Section 7 Can't Be Restored After Corporate Debtor Pays Principal & Interest(15.09.2025)
NCLAT held that once the corporate debtor pays the principal and interest under NCLT’s order in an IBC Section 7 case, the financial creditor cannot s.....
Tags : Corporate Debtor, Principal, Interest, Financial Creditor
SC Lays Down Key Principles for Courts When Dealing with Challenges to Appointment(04.04.2025)
Supreme Court has laid down key principles to be considered by the Court when it is tasked with the issue of whether the entire selection procedure sh.....
Tags : Supreme Court, Key Principles, Selection Procedure
Delhi HC: Any Self-Declared Information on Matrimonial Portal is Not Reliable Proof of Income(16.07.2025)
Delhi High Court has observed that any self-declared information made on a matrimonial portal, without verification or corroborative evidence, cannot .....
Tags : Delhi High Court, Matrimonial Portal, Proof of Income