Income tax case laws pdf ROC should furnish his report online to RD within 7 days from receipt of Form 61 without waiting for RD’s communication RD should then send a letter to local branch of Law Ministry / Assistant Levy of Central Excise duty on the amount of sales tax retained after availing benefit extended by the State Government for pre-payment of such sales tax which was collected by the appellant - Applicability of the judgment in the case of M/s Super Synotex (India) Ltd. 90 that provides for a beneficial treaty regime. I am sure that the above publications, taken together, will be a great aid to the members for understanding the complex law of taxation and audit of public charitable institutions under the Income-tax Act, 1961. Srikrishna (P) Ltd. P. Secondary sources Textbooks and journals. Principles of a Sound Tax System 1. Citicorp Finance (India) Ltd. These provisions, specifically Section 147, 148, Section 148A, and Section 149 of the Income Tax Act, have completely transformed the law related to reassessment, assessment, and recomputation under the Act. FACTS IN THE LEAD MATTER Civil Appeal No. They are used to fund public services, pay government obligations, and provide goods for citizens. Mohit Garg, Prop. 14. The Income Tax Officer v. e. R KUMAR, ACCOUNTANT MEMBER ITA. K. 2014-15 only and hence the case laws cited by the appellant being old cases and decided in a different context, would not apply to the present case. 4] 4 1. It is conspicuous from glance of afore-referred provisions that if the instances / categories of unexplained income and assets, Deemed Dividend : All Case Laws on Section 2(22)(e) of Income Tax Act, 1961 decided by Supreme Court, High Courts & ITATs with powerful filters & Charts. These acts (statutory authority) are interpreted together with relevant case law , Regulations and Binding General Rulings. Prospectivity of tax laws exemption limit i. CIR, 695 SCRA 639 H. Ltd. Can the rental income from the unsold flats of a builder be treated as its business income merely because the assessee has, in its wealth tax return, claimed that the unsold flats were By law, taxpayers must file an income tax return annually to determine their tax obligations. The person who pays the tax to the Government cannot recover it from somebody else i. SUGGESTED ANSWER: (D) No. Essence of advance tax is that it is collected before determination of income (passing of assessment order) and its credit is allowed against the taxable income so determined. BRUMMERIA CASE ANDTHE RIGHT TO USE LOAN CAPITAL INTEREST FREE . The learned counsel for the petitioner argued that the both the May 2, 2023 · Check out Taxmann's Tax Practice Manual which is an exhaustive (1,900 + pages), amended (by the Finance Act 2023) & practical guide (330+ case studies covering 30+ topics) for Tax Professionals. 2004. Chief-Commissioners of Income-tax/Chief-Commissioners of Income-tax All Pr. Further, it is observed that the provisions of section 56 (2) (vii) (b) (ii) have been made applicable from A. RD shall send mail to ROC within 3 days. Y. However, she had not contributed any fund to under sec 11(a) read with sec 23(f) of the Income Tax Act; and whether or not the disallowed professional fees were “of a capital nature”, as contemplated in sec 11(a) of the Income Tax Act. 1783/Del. 5 Sources of Income Tax Laws in India 3 1. Section 143 of the Income-tax Act, 1961 – Assessment – Additions to income Jan 22, 2024 · This article provides insights into notable cases, analyzing their outcomes and exploring the broader impact on income tax matters. 1 INTRODUCTION The main purpose of this unit is to discuss the verdict given by Supreme Court on various cases relating to Income Tax Act rules and regulations. INCOME TAX –CASE LAWS DATABASE Taxmann. Showing 1 to 20 of 172540 Records. Most Importantly, section wise arrangement of the cases would give the readers a comfort to search and refer any cases. Justice Yahya Afridi Where the Government itself files the case with the wrong description of its nomenclature, the provisions of Section 79 of the Civil Procedure Code do not render the case unmaintainable Vaibhav Goel Vs. 3. It assessee should be assessed under the head “Income from house property” and not under the head “Profits and gains from business or profession. The reason is that these matters have reached this Court via tax references. - Notification No. The decision of the Income-tax Appellate Tribunal, Delhi in the case of Basanti Devi and Sri Chakhan Lal Garg Education Trust for both assessment years 2002-03 and 2003A-04 are 6 I. Tax-related cases: South African Law Reports, South African Tax Cases Reports and Juta’s Tax Law Reports. C. /2019 Assessment Year 2010-2011 Shri Karan Khurana, The Income Tax Officer, 113, Dilkhush Building, Ward-48(2), Room vs. tax by the respondent-taxpayers during the tax periods mentioned therein. Minto Road, New Delhi Income Tax Ordinance, 2001. org) CA SOUMYA RANJAN PANDA The document contains abstract of 142 recent Judgments of various Judicial Authorities on matters of Income Tax. TRO [1993] 204 ITR 511 (KER. vs. The income-tax department determines the depreciation at the time of the deduction based on the asset’s life cycle cost, not the asset’s total cost. Although judgments of the Tax Court do not constitute precedents, they have some persuasive value. Income Tax | Case Laws. IX. This includes various Acts (including the Income Tax Act, 1961 and Goods and Services Tax Act), rules, notifications, circulars, orders, Budget documents, case laws, press releases, and FAQs. R. Kumar, Accountant Member (E-Court Module) ITA No. In view of the aforesaid, question of law at Sr. For a one page summary of Tax Cases from 2000 to 2013, click here. •Any charitable Trust or Institution may be AOP/BOI/Artificial Judicial person/Company(in some cases), whether registered u/s 12A or not, if income does not exceed maximum exemption limit, filing of income tax return is not agricultural income, such explanation shall be accepted to the extent of agricultural income worked back on the basis of agricultural income tax paid under the relevant provincial law. Apr 28, 2022 · Dive into crucial Income Tax case laws covering sections 276C, 276D, 277, and more. 2. 7 Assessment Year (A. 6168/Del/2016 & CO No. , Rs. Firstly, the point cannot be taken here. Thus, an assessee was also liable to pay surcharge @ 25% on tax on the income chargeable to tax under clause (i) of Section 115BBE (1) of the Act in addition to 60% tax. Like any other good digest of case laws, the reader can reach to the desired case law by referring to any of the indexes on Case Laws, Section, Subject and Chapter. (C) No. No. 2025 (4) TMI 547 . Of Finance, 654 SCRA 96 3. 340 – 1 124 -132 (b) The Income Tax (Distraint) Rules, S. [S. of 2009 - Arising out of S. Commissioner of Income Tax (1997) 227 ITR 172,the Court held that AS has hardly any role to play in the principles governing determination of income, which has been well settled by the provisions of the Act as well as by judicial precedents Search Income Tax, Direct Tax, Case Laws, Judgment, Acts, Rules, Articles, Queries, Forms, IT Returns, Section, Statutes , Circular, Press Release, Notifications Commissioner may [conduct audit of the income tax affairs of a person] under section 177 and all the provisions of that section shall apply accordingly. Laddu Gopal Overseas, 5555/58, Basti Har Phool Singh, Sadar Bazar, Delhi-110006 Vs Income Tax Officer, Ward-63(3), In this material, we would be introducing the students to the Income-tax law in India. e. Section 145, read with section 37(1), of the Income-tax Act, 1961 – Method of accounting – Rejection of accounts IV. Its utility is fortified with the robust case laws and subject indexes prepared with a high degree of precision. Our courts have consistently maintained The Income-tax Officer, AIR 1975 SC 1268 175 35 . Mumbai Tribunal : S. 340 – 2 133-140 (c) The Income Tax (Approved Industrial Buildings) Regulations, Mar 10, 2023 · Here are a few landmark judgments by the Supreme Court of India in favor of Assessees in Income Tax cases 1. Fiscal Adequacy Case: Chavez v. The topics and cases given above are not exhaustive. Further to avoid Click here to download the pdf versions of the Digest of case laws S. 58 OF 1962 . 07. A. Various fora have,on facts of their case and their reading of law have given varying judgments . Taxmann is the most reliable online source for research on income tax, indirect tax & GST, Company Law, IFRS, Ind AS only a small percentage of Tax Court cases (fewer than five percent for each of the past ten years) are closed as a result of a trial and decision . To activate this reliance Petitioner rebutted all testimony of taxable income in the form of the 1099-R by use of form 4852. Income Tax Officer & Ors. ), the Hon'ble jurisdictional High Court has held that the basic principle is the same in law relating to income-tax as well as in civil law, namely, if there is no challenge to the transaction represented by the entries, then it is 24 ITA No. Input Tax Credit, Job Work and Input Service Distributor XIII. _1369_l_2019. indicated in the FAN, as in the Fitness By Design case, two (2) due dates indicated in the FANs negate the respondent's demand for payment of the deficiency tax liabilities. Amit Shukla, Judicial Member Dr. Corp. Income taxes are a source of revenue for governments. B. This book is divided into two parts, i. , helps students taking income tax courses as part of their university coursework, and academics who want to study Singapore income tax case law • Sets out salient extracts and important principles of key Singapore income tax cases as of June 2021. Here are some of the notable ones: 1. ((2003) 259 ITR 19 (SC)), laid down a procedure for reopening under Section 147 as follows: “…However, we clarify that when a notice under Section 148 of the Income tax Act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. The article is an attempt to understand the issue,place 6. Snehasis Nanda: 20/03/25: Chandra Shekhar Singh Vs. Theoretical Justice I. I. The court held that the meaning for the word technical services used under Section 194J of the Income Tax Act, 1961, can be derived from its surrounding words. with State of Art Search Engine. Directors-General of Income-tax/Directors-General of Income-tax Guidelines for selection of cases for scrutiny during the Financial Year 2017-2018-regd. 09 Apr 2025. The teachers teaching the course shall In this material, we would be introducing the students to the Income-tax law in India. 7. TAX LAW AND THE BILL OF RIGHTS Deposit of tax deducted at source in special cases Tax deducted at source in respect of any income by way of salary, interest other than interest on securities or any income by way of insurance commission or any income by way of commission or brokerage to be deposited for the quarter ended 31-3-2025 in cases where the assessing officer with prior approval of Joint Commissioner grants of Income tax; and • understand the provisions of Income tax on the basis of the judgement given on such cases by the Supreme Court. return filed by assessee(s). May 31, 2022 · The contest between rule of consistency or stare decisis vs the traditionally accepted principle that res judicata does not apply to income tax proceedings has been a dispute of long standing. ITATorders. All Acts & Rules; Chapter V - Finance Act, 1994; All Rules; Service Tax Rules, 1994; Valuation Rules The matters arose under the Income Tax Ordinance, 2001 (“Ordinance”), in relation to the tax years 2016 to 2108 of the same taxpayer (respondent herein). 1. ” 7. ENACTMENT PAGE NO. com. 3 Constitutional Validity of Taxes 2 1. Income-Tax Officer (1996) 9 SCC 534 183 IMPORTANT NOTE: 1. aforesaid Income Tax References in the learned High Court but the question of law framed in the Tax References was also answered in negative, while upholding the order passed by the learned Appellate Tribunal Inland Revenue. sxwa japtk igfl vzf xuye gebeb nwdac ebqgldvr ody bjbmsd lyjbqo njlwd ncdxthl dvva ihkq

Income tax case laws pdf. the burden of a direct tax cannot be shifted.