411 ITR Archives - taxcaselaw.com

Bombay H.C : The Hon’ble ITAT was justified in upholding the order of the Ld. CIT(A) and thereby not sustaining the disallowance made by the Assessing Officer u/s 2(22)(e) of the Income Tax Act, 1961 without appreciating the fact that the Reserve and Surplus of lender companies viz. M/s NSN Jewellers Pvt. Ltd. and M/s KSN Trading Pvt. Ltd. exceeded the amount advanced to the assessee company thereby falling within the ambit of provision of sec. 2(22)(e)

Avijit Das / February 8, 2019

High Court Of Bombay Pr.CIT vs. Sunjewels International Ltd. Section 2(22)(e) Asst. Year 2009-10 S. C. Dharmadhikari & B. P. […]

Sec. 153C

Karnataka H.C : There exists any undisclosed income which may belong to any other person other than the searched person under Sections 132 or 132-A

Avijit Das / January 24, 2019

High Court Of Karnataka Shyamraj Singh And SVK Minerals By ITS Managing (Rep.Partner, Mr. Shyamraj Singh) vs. Commissioner Of Deputy

Bombay H.C : Assessing Officer can issue a notice of reopening of assessment provided he has reason to believe that income chargeable to tax has escaped assessment

Avijit Das / January 17, 2019

High Court Of Bombay Akshar Builders And Developers vs. Assistant Commissioner Of Income Tax & Anr. Section 147, 148 Asst.

Sec. 143(2), Sec. 260A

Delhi H.C : What is an outgoing of capital and what is an outgoing on account of revenue depends on what the expenditure is calculated to effect from a practical and business poin of view rather than upon the juristic classification of the legal rights, if any, secured, employed or exhausted is the process

Avijit Das / January 10, 2019

High Court Of Delhi ICS Systems Private Limited vs. CIT Section 143(2), 260A Asst. Year 2001-02 Sanjiv Khanna & Anup

Sec. 142(2A), Sec. 143(3), Sec. 260A

Bombay H.C : The disallowance of deputation and other cost by relying on the CIT(A) order, which in turn had relied upon the report of Special Auditors appointed u/S. 142(2A)

Avijit Das / December 17, 2018

High Court Of Bombay Pr. CIT vs. Tulip Hospitality Service Ltd. Section 260A, 142(2A), 143(3) Asst. Year 2004-05 & 2005-06

Sec. 2(47), Sec. 143(1), Section 148, Section 54

Bombay H.C : The return was processed u/S. 143(1) of the Act and returned income was accepted

Avijit Das / December 14, 2018

High Court Of Bombay Amarjeet Thapar vs. ITO Section 2(47), 54, 143(1), 148 Asst. Year 2013-14 Akil Kureshi & M.S.

Sec. 40(a)(ia)

Punjab & Haryana H.C : Whether on the facts and in the circumstances of the case and in law, the Hon’ble ITAT was right in treating the ‘copyright expense’ as a revenue expense when the Income Tax Act, 1961 alongwith the Income Tax Rules, explicitly mention copyrights as an intangible asset?

Avijit Das / October 3, 2018

High Court Of Punjab & Haryana Pr.CIT vs. Mobisoft Telesolutions Private Limited Section 40(a)(ia) Asst. Year 2012-13 Ajay Kumar Mittal

Sec. 2(22)(E)

Bombay H.C : The Hon’ble ITAT has erred in proceeding to convert the protective assessment into a substantive assessment, by confirming the entire addition of Rs.99,36,274/u/s 2(22)(e)

Avijit Das / October 3, 2018

High Court Of Bombay Sahir Sami Khatib & Anr. vs. ITO & Anr. Section 2(22)(e) Asst. Year 2007-08 S. C.

Section 254, Sec. 254(2)

Bombay H.C : The Appellant does not have a Permanent Establishment in India and instead setting aside the order of the CIT (A)

Avijit Das / August 29, 2018

High Court Of Bombay Co-Operative Centrale Reiffeisen-Boereleenbank B. A. vs. Deputy Commissioner (International Taxation) Of Income Tax Section 254(2), Article

Income Tax Case Laws, Section 226

Bombay H.C : Whether the process adopted or decision made by the authority is malafide or intended to favour someone

Avijit Das / July 27, 2018

High Court Of Bombay Sankalp Recreation Pvt. Ltd. vs. Union Of India & Ors. Section 226 M.S.Sanklecha & Sandeep K.