Category: Judgments
In a recent judgment, ITAT Delhi has interpreted the objective and scope of invoking revisionary powers of Commissioner of Income Tax (CIT) under section 263 of the Income Tax Act, 1961 as under: The provisions of section 263 cannot be invoked to correct each and every type of …
Delhi High Court in a recently delivered judgment has observed that that all does not appear to be well with the admission process of the National Law University, Delhi in admission to Ph.D. programme. The Court had issued a direction to the University to rectify/reconsider the admission criteria …
ITAT Mumbai, in a recent case has stated that demolition/destruction of house not necessarily results in transfer u/s 2(47) by extinguishment of rights in a capital assets for capital gain purpose. Case Law Details: I.T.A. No. 6169/Mum/2013 Assessment Year : 2007-08 Dilip Manhar Parekh vs. Dy. Commissioner of …
In a recent judgment, ITAT Mumbai has held that where the assessee pays secondment charges for the employees, for all practical purposes, the assessee is the employer and the charges paid can not be said fees for technical/professional services for disallowance u/s 40(a)(ia) Case Law Details: ITA No. 1945/Mum/2013 Assessment Year: 2009-10 Deputy …
In a recent judgment Supreme Court has held that prior to 2005 amendment, after joint family property has been distributed in accordance with section 8 on principles of intestacy, the joint family property ceases to be joint family property in the hands of the various persons who have …
In a recent judgment, ITAT Delhi has stated that a concluded assessment can not be reopening u/s 147/148 based on a retrospective amendment in Law as there could not be any failure on the part of the assessee to disclose fully and truly all material facts. Case Law Details: ITA Nos. …
Writing “Yes, I am Satisfied” establishes non recording of proper satisfaction/approval before issue of notice u/s 148 No sooner than a week after, holding that merely writing “yes” or “approved” and affixing signature by CIT) was not the required satisfaction (ITA No. 5311/Del/2013 dated 07/04/2016), ITAT delhi Bench …
In a recent judgment, ITAT Delhi has held that Knowledge Process Outsourcing Services (KPO Services) provider could not be be considered as a comparable for benchmarking international transactions entered into by an entity rendering business process outsourcing (BPO) services including collections/call centre services and other back office support services for …
In a recent judgment, the Madras High Court has directed CBDT to accept the e-return filed by the appellant company after midnight due to heavy rush and snag at the income tax e-filing website, as within due date and give benefit of carry forward of loss under Section …
In a recent judgment, the Madras High Court has upheld the Constitutional validity of section 94A(1) of the Income tax Act, 1961 and CBDT Notification 86/2013 specifying ‘Cyprus’ as the ‘notified jurisdictional area for the purpose of the said section. Case Details: W.P.Nos.17241 to 17243 & 17407 to 17412 of …