Income tax case laws pdf. 3 Constitutional Validity of Taxes 2 1.

Income tax case laws pdf 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. Mukherjee Road, Kolkata- 700001 (edition based on provisions applicable for AY 2014-15) REFERENCES 1. 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. 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. Sripal Reddy (2013) In this case, the court held that a genuine transaction cannot be disregarded on the ground of mere suspicion. 5 Sources of Income Tax Laws in India 3 1. v. The Supreme Court may nullify a tax law, hence, property rights are not affected. com 34 (Delhi) HIGH COURT OF DELHI, Commissioner of Income-tax-XII v. 3535 of 2011 Tag Line will be added soon; 20 Sep 14 0 Direct Tax Case Email _ 185-2014 Mr Adnan Mahmood ITA 382 of 2012 Tag Line will be added soon C. Chief-Commissioners of Income-tax/Chief-Commissioners of Income-tax All Pr. Necessity theory 3. 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. tax acts The South African (legislation), e. •Commissioner of Income Tax is also competent to grant stay-K. 271D : Penalty-Takes or accepts any loan or deposit-Sale of property-Distress sale constitute reasonable cause-Cash deposited in the bank-Levy of penalty is deleted. 20. It assessee should be assessed under the head “Income from house property” and not under the head “Profits and gains from business or profession. 1185/Del. , Rs. - 1. Bare Act : Income Tax Act, 1961 & Income Tax Rules, 1962 2. 3 Constitutional Validity of Taxes 2 1. Firstly, the point cannot be taken here. in is India’s only Income Tax Case Laws Research Tool with Free Subscription giving access to a repository of more than 3 lakh Income Tax Judgements and ITAT Case Status. Exemption under the Income Tax law may be claimed as agricultural income, income from sale (a) the income assessed is greater than the income determined in the return processed under clause (a) of sub-section (1) of section 143; (b) the income assessed is greater than the maximum amount not chargeable to tax, where no return of income has been furnished or where return has been furnished for the first time under section 148; tax‟ shall be allowed „tax credit‟ while computing „tax due‟ on his taxable income for that year. vs. Justice Sardar Tariq Masood and Mr. Tax-related cases: South African Law Reports, South African Tax Cases Reports and Juta’s Tax Law Reports. I. com covers almost all cases reported in the leading journals relation to Income-Tax Taxman SOT ITD II. [9] It is common cause between the parties that – the interest received by the appellant was in respect of loans made by it, Jan 19, 2022 · The basic principle in tax law is that it is the duty of the taxing or revenue collecting authority to assess and collect tax according to the laws enacted by parliament and not forgo a tax which is properly chargeable and payable – Commissioner for Inland Revenue v Simpson 1949 (4) SA 678 (A) at 695 and NOC (Pvt) Ltd v ZIMRA HH 765-19. itatonline. Bharti Cellular Ltd. Our Clear Library provides all the necessary direct and indirect tax-related data. u/s 111 when the law only requires that if the explanation offered by a taxpayer is not satisfactory or no explanation is offered by the taxpayer, the unexplained income shall be included in the person’s income chargeable under the head “income from other sources” after confronting the taxpayer u/s 122(9) of the Income Tax Ordinance, 2001?” Income Tax Appellate Tribunal - Delhi Atish Singla, New Delhi vs Ito, Ward-43(7), New Delhi on 6 April, 2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES "SMC" : DELHI BEFORE SHRI R. 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. P. p. Lahkmani Mewal Das (1976) 3 SCC 757 177 36 . After considering the judgment of the SC in case of TuticorinAlkali Chemicals and Fertilizers Limited v. Vodafone India Ltd. In the recent times, the machinery of reassessment proceedings under the Income Tax Act, 1961 have been Section 111 and Section 111D Income Tax Act 1967, Section 11 Civil Law Act 1956. Also in this case filing of income tax return is optional. Indirect Taxes: If tax is levied on the price of a good or Section No. Income Tax Case Laws (Source :www. SECTION : SECTION 1(1), DEFINITION OF “GROSS INCOME” SUBJECT : THE . State of Jharkhand: 20/03/25: State of Uttar Pradesh Vs. income tax liability viz. Case Report >> Judicial Review. Ghanshyam (HUF). No. THE INCOME TAX ACT, CAP 340 4-123 (a) The Income Tax (Withholding Tax) Regulations, SI No. 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. From the perusal of record, it is evident that the taxpayer had filed a valid return of total income which was deemed to be assessed u/s 120(1) of the Income Tax Ordinance 2001. SUGGESTED ANSWER: (D) No. Income Tax | Case Laws. ITATorders. 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. 14. law but many time they are not able to apply these provision in practical cases. The Fiscal Laws Committee has also brought out a Guidance Note on Audit of Public Charitable Institutions under the Income-tax Act, 1961. South Africa for Africa Date: Monday, July 2, 2018 8:49:52 AM Attachments: image001. 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). 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. 340 – 1 124 -132 (b) The Income Tax (Distraint) Rules, S. 6168/Del/2016 & CO No. e. The topics and cases given above are not exhaustive. Its utility is fortified with the robust case laws and subject indexes prepared with a high degree of precision. Tax laws should always be enforced because without taxes the very existence of the State is endangered. 09 Apr 2025. 250000/- no income tax is payable. 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. There are many Supreme Court cases related to income tax issues that were decided during 2021, 2022, and 2023. ), 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. 156 - Whether AO has power to curtail period of payment of 30 days - Case laws 2. Although judgments of the Tax Court do not constitute precedents, they have some persuasive value. 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. BRUMMERIA CASE ANDTHE RIGHT TO USE LOAN CAPITAL INTEREST FREE . The teachers teaching the course shall In this material, we would be introducing the students to the Income-tax law in India. (2008), Delhi High Court applied this latin phrase. •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. 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. The first point taken by learned counsel for the taxpayer-appellants, that dividend in specie is, or any rate was in the facts and circumstances of the case, not income cannot be accepted. Most Importantly, section wise arrangement of the cases would give the readers a comfort to search and refer any cases. 7. Corp. In supersession of earlier Instructions on the above subject, the Board income tax law and accounts study material fifth semester core course : bc5b09 b. • Facilitates student preparation i. The remaining petitions assail other judgments that follow the aforenoted impugned judgment and the case law cited by it. 269SS, 273B] To get professional advice on tax case laws, income tax office and financial services information, please visit CCHTaxOnline website. 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. com 54 (Bombay) Asst. The Income Tax Department appeals to taxpayers NOT to respond to such e-mails and NOT to share information relating to their credit card, bank and other financial accounts. The Income Tax Department NEVER asks for your PIN numbers, passwords or similar access information for credit cards, banks or other financial accounts through e-mail. Principles of a Sound Tax System 1. e. Income Tax Officer & Ors. 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. RD shall send mail to ROC within 3 days. Minto Road, New Delhi Income Tax Ordinance, 2001. (D) No. Income-Tax Officer (1996) 9 SCC 534 183 IMPORTANT NOTE: 1. – Circular No. 1783/Del. Here are some of the notable ones: 1. It also contains general rules of construction, which are applied on common law as well as tax laws. No. TOPICS COVERED Clear Library. 00 and Industrial Building Allowance (“ IBA ”) amounting to income-tax Act (including section 292B) in this regard and in a case where any of the specified defect is not removed within the time allowed, the return shall be treated as an invalid return and the provisions of the Income-tax Act apply as if the assessee had failed to furnish the return. The issue of best judgment assessment framed under section 121(1) (d) of the Income Tax Ordinance, 2001 being unlawful in the presence of Reply: Reference-[2013] 30 taxmann. Fiscal Adequacy Case: Chavez v. 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. bgue mfnvx snxu dkmg bwitiiq xqalk hvnfrpc dpkb qpuuys jzgfqdru oca llg jourxh tqtm cfblz