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Direct Tax Cases Weekly Round-Up: 5 To 11 May 2024
7 months, 1 week ago

Direct Tax Cases Weekly Round-Up: 5 To 11 May 2024

Live Law  

Supreme Court Case Name- All India Bank Officers' Confederation Vs The Regional Manager, Central Bank Of India & Others Citation : 2024 LiveLaw 352 A Division bench of the Supreme Court comprising of Justice Sanjiv Khanna and Justice Dipankar Datta while deciding a Civil Appeal in the case of All India Bank Officers' Confederation Vs The Regional Manager, Central Bank …

India Tax Title Income Held High Act
Bombay High Court Monthly Digest: March 2024
8 months, 2 weeks ago

Bombay High Court Monthly Digest: March 2024

Live Law  

Nominal Index Maharashtra State Electricity Distribution Company Ltd. v. Ramchandra s/o. “It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes Act 1989 even though the proceedings are held in open court.Hearing of a bail application under section 14-A of the Scheduled Castes and Scheduled Tribes Act 1989 is a 'judicial proceeding' as …

India Justice Mumbai Court Uttar Pradesh Domestic Violence Maharashtra
Accepting Submissions Of Assessee Cannot Be Said As Faulty If Assessment Was Made By National E-Assessment Centre: Indore ITAT Quashes Sec 263 Order
9 months, 1 week ago

Accepting Submissions Of Assessee Cannot Be Said As Faulty If Assessment Was Made By National E-Assessment Centre: Indore ITAT Quashes Sec 263 Order

Live Law  

While holding the revision-order passed by PCIT as invalid, the Indore ITAT recently clarified that I-T authorities cannot punish the assessee by merely saying that the payee has not filed income-tax return. The Bench of Vijay Pal Rao and B.M Biyani observed that “the action of AO in accepting the replies/ submissions of assessee cannot not lack bona fides and …

Order Bench Tds Itat Assessee Pcit
Payment Made For Acquiring Membership In A Social Club Can’t Be Allowed As Business Expenditure: ITAT
1 year, 5 months ago

Payment Made For Acquiring Membership In A Social Club Can’t Be Allowed As Business Expenditure: ITAT

Live Law  

The Mumbai Bench of the Income Tax Appellate Tribunal has observed that payments made for acquiring membership in a social club could not be allowed as business expenditure when there was no evidence to prove that membership in the social club was acquired for entertaining customers by the assessee.The bench of Vikas Awasthy and Om Prakash Kant. The Mumbai Bench …

Business Club Membership Fee Cpc Expenditure Itat
NFAC Bound By The Decision Of Jurisdictional High Court: ITAT
1 year, 9 months ago

NFAC Bound By The Decision Of Jurisdictional High Court: ITAT

Live Law  

The Bangalore Bench of the Income Tax Appellate Tribunal has held that the National Faceless Appeal Centre was bound by the binding decision of the jurisdictional high court, where the AO was situated.The two-member bench of N.V. Vasudevan and Laxmi Prasad Sahu has observed that an appeal against the decision of the Agra ITAT would be before. The Bangalore Bench …

Tax Court Decision Tds Itat Nfac Jurisdictional High Court
Centralized Processing Centre Not Authorized To Carry Out Adjustment For Disallowance Of Section 80P Deduction: ITAT
1 year, 9 months ago

Centralized Processing Centre Not Authorized To Carry Out Adjustment For Disallowance Of Section 80P Deduction: ITAT

Live Law  

The Mumbai Bench of the Income Tax Appellate Tribunal has held that the Centralised Processing Centre was not authorized to carry out such adjustments for disallowance of deduction under section 80P of the Income Tax Act.The two-member bench of Pavan Kumar Gadale and Om Prakash Kant observed that the assessment year 2007-08 occurred prior to. The Mumbai Bench of the …

Income Cpc Deduction Member Itat Adjustment Section 80P
Ensure E-Filing Of All Revenue Appeals Before HCs And Tribunals : Supreme Court Directs Centre
1 year, 10 months ago

Ensure E-Filing Of All Revenue Appeals Before HCs And Tribunals : Supreme Court Directs Centre

Live Law  

The Supreme Court has directed that the Union of India to ensure that the entire filing of Revenue appeals before the High Courts and the Tribunals is carried out in the e-filing mode. In compliance of the directions of the Supreme Court, field formations have been directed to ensure that filings of appeals/petitions before the High Court’s should take place …

Supreme Court High Courts Court Revenue High Nic Matter
Company’s Income Cannot Be Assessed Under ‘Salary’: ITAT
1 year, 11 months ago

Company’s Income Cannot Be Assessed Under ‘Salary’: ITAT

Live Law  

The Hyderabad Bench of the Income Tax Appellate Tribunal has held that since the assessee is a company, its income cannot be assessed under the heading "salary. "The bench of K. Narasimha Chary has restored the issue to the file of the Assessing Officer to verify the availability of brought-forward losses for the purpose of setting off the current year's …

Income Company Itat Assessee Ita Its Income Heading Salary
Employees' Contribution To PF Cannot Be Disallowed Merely On The Basis Of Auditor's Statement: ITAT
2 years ago

Employees' Contribution To PF Cannot Be Disallowed Merely On The Basis Of Auditor's Statement: ITAT

Live Law  

The Mumbai Bench of the Income Tax Appellate Tribunal has deleted the addition made by the Centralised Processing Centre towards employees' contributions to the Provident Fund based on the tax auditor's statement reporting the delay in employee contribution remittances.The two-member bench of Aby T. Varkey and M. Balaganesh has observed. The Mumbai Bench of the Income Tax Appellate Tribunal has …

Tax Employees Date Fund Contribution Cpc Member
Tax Cases Weekly Round-Up: 24 July To 30 July, 2022
2 years, 4 months ago

Tax Cases Weekly Round-Up: 24 July To 30 July, 2022

Live Law  

Supreme Court Case Title : Union of India vs. M/s Filco Trade Centre Pvt. The Karnataka High Courthas directed the Income Tax Department to issue a 'Nil Tax Deduction at Source' Certificate to Flipkart under Section 195 of the Income Tax Act, 1961, with respect to the reimbursements made by it to Walmart Inc. Madras High Court Case Title: M/s.Gharpure …

Justice Tax Customs Income Tax Title Held High
ITAT Holds Revisionary Order Passed Without Mentioning DIN As Invalid
2 years, 4 months ago

ITAT Holds Revisionary Order Passed Without Mentioning DIN As Invalid

Live Law  

The Kolkata Bench of the ITAT has quashed the revisionary order passed by the Income Tax Authority without quoting the Document Identification No. The Bench, consisting of Mr. Sanjay Garg and Mr. Girish Agrawal, held that since the order passed by the Income Tax Authority failed to mention the DIN in its body, therefore, the said order was "invalid and …

Tax Income Tax Order Income Department Passed Issued
ITAT Appointments : Supreme Court Asks Centre To Produce Files Submitted Before SCSC With New Inputs
2 years, 5 months ago

ITAT Appointments : Supreme Court Asks Centre To Produce Files Submitted Before SCSC With New Inputs

Live Law  

The Supreme Court on Friday sought from the Central Government the files produced before the Search-cum-Selection Committee with new inputs in relation to certain persons considered for appointment as members of the Income Tax Appellate Tribunal.The bench comprising Justice Chandrachud and Justice AS Bopanna was considering a contempt petition filed by the Advocate. The Supreme Court on Friday sought from …

Justice Supreme Court Court Names Basant Committee List
Delhi High Court Weekly Round Up: May 23 To May 29, 2022
2 years, 6 months ago

Delhi High Court Weekly Round Up: May 23 To May 29, 2022

Live Law  

NOMINAL INDEX Citations 2022 LiveLaw 483 TO 2022 LiveLaw 512 Case Title: CIT Versus Microsoft Corporation 2022 LiveLaw 483 Case Title: Shri Sai Co-operative Thrift and Credit Society Ltd Versus ITO 2022 LiveLaw 484 Case Title: M/S SRI SHYAM INCORPORATION & ANR. Minimum 7 Days Time Has To Be Granted To The Taxpayer To File Reply To The Show Cause …

India Justice Delhi Supreme Court High Court Trademark Law Court
Subscription Fee Towards Cloud Services Not Taxable As Royalty: Delhi ITAT
2 years, 7 months ago

Subscription Fee Towards Cloud Services Not Taxable As Royalty: Delhi ITAT

Live Law  

The Delhi Bench of ITAT, consisting of members Anubhav Sharma and R.K. Panda, has ruled that subscription fee received towards Cloud Services is not taxable as royalty. The Assessee MOL Corporation did not show any income in its income tax return for the relevant assessment year, even though it had received revenue from licensing of Microsoft Software products and from …

India Royalty Delhi Services Software Income Cloud
Belated Deposit Of PF And ESI Contribution Of Employees Cannot Be Added To Employer's Taxable Income: ITAT Delhi
2 years, 9 months ago

Belated Deposit Of PF And ESI Contribution Of Employees Cannot Be Added To Employer's Taxable Income: ITAT Delhi

Live Law  

The Single Bench of Delhi ITAT, consisting of judicial member Kul Bharat, has ruled that belated payment of employees' contribution to the Provident Fund and State Insurance Scheme cannot be added to the employer's taxable income as deemed income, if the said deposits are made before the due date of filing the income tax return under the Income Tax Act, …

India Delhi Tax Employees Income Provident Fund Contribution
Amount Received Under Distribution Agreement Of Computer Software Not 'Royalty' If No Right To Transfer Copyright: Delhi High Court
2 years, 9 months ago

Amount Received Under Distribution Agreement Of Computer Software Not 'Royalty' If No Right To Transfer Copyright: Delhi High Court

Live Law  

The Delhi High Court has ruled that an amount received under a distribution agreement with respect to a computer software did not amount to 'royalty' under the Income Tax Act, 1961, if the agreement does not create a right to transfer the copyright with respect to it. The counsel for the revenue department before the High Court submitted that the …

India Royalty Tax Court Income Tax Software Income Tax Act
Power Of Judicial Review: How Supreme Court Caused Changes In Government Decisions in 2021
2 years, 11 months ago

Power Of Judicial Review: How Supreme Court Caused Changes In Government Decisions in 2021

Live Law  

"If the judiciary does not have the power of judicial review, then the functioning of democracy in this country would be unthinkable", said the Chief Justice of India NV Ramana while speaking at a public event recently.The CJI explained that the Constitution has created three co-equal organs, namely the legislature, the executive and the judiciary and the judiciary has been …

Policy Justice Delhi Supreme Court Constitution Court Constitutional
'What Kind of Selection is This?' SC Criticises Centre for 'Cherry Picking' Names for Tribunals, Sets Deadline
3 years, 3 months ago

'What Kind of Selection is This?' SC Criticises Centre for 'Cherry Picking' Names for Tribunals, Sets Deadline

News 18  

The Supreme Court on Wednesday criticised the Centre for “cherry picking” names from its recommendations for the tribunals as it gave a two-week deadline to the government for completing the process. And the same thing done with ITAT members also.” Search and Selection Committees are headed by various Supreme Court judges who shortlist candidates for appointment and then send it …

Court Recommendations Tribunal Centre Members Itat Scsc
Centre Clears Appointments To National Company Law Tribunal (NCLT) & Income Tax Appellate Tribunal (ITAT)
3 years, 3 months ago

Centre Clears Appointments To National Company Law Tribunal (NCLT) & Income Tax Appellate Tribunal (ITAT)

Live Law  

Days after the Supreme Court pulled up the Central Government over posts lying vacant in the tribunals, the Central government today cleared the appointment of judicial and technical members to the National Company Law Tribunal and the Income Tax Appellate Tribunal Issuing a notification, the Centre has approved the proposal for the appointment of a total of 18 members to …

Court Tribunals Judge Judicial Tribunal High Nclt
Centre Appoints G S Pannu As Officiating President Of ITAT Till Regular President Is Appointed
3 years, 3 months ago

Centre Appoints G S Pannu As Officiating President Of ITAT Till Regular President Is Appointed

Live Law  

The Central Government has appointed G.S. Pannu as President of the Income Tax Appellate Tribunal.The appointment is in officiating capacity with effect from the forenoon of 6th September, 2021, till the regular President is appointed or until further orders, whichever is earlier. The appointment is in officiating capacity with effect from the forenoon of 6th September, 2021, till the regular …

President Pannu Itat G S Pannu Regular President