Income tax case laws pdf (2017 admission onwards) university of calicut school of distance education calicut university p. Income Tax Act, 1961 provides for levy, administration, collection and recovery of Income Tax. The Income-tax Officer, AIR 1975 SC 1268 175 35 . Mohit Garg, Prop. 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. 269SS, 273B] To get professional advice on tax case laws, income tax office and financial services information, please visit CCHTaxOnline website. Theoretical Justice I. Amit Shukla, Judicial Member Dr. The teachers teaching the course shall In this material, we would be introducing the students to the Income-tax law in India. 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. 5 Sources of Income Tax Laws in India 3 1. B. 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. In view of the aforesaid, question of law at Sr. com has a database of more than 77,500 judgments, and all important judgments are reported an real time basis Supreme Court High Court Authority for Advance Rulings Tax Appellate Tribunals Taxmann. Administrative Feasibility Case: Timbol & Diaz v. 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. Necessity theory 3. ITATorders. (C) No. 90 that provides for a beneficial treaty regime. 1464/Bang/2018 annexed with this record and gone through the case law. R. Principles of a Sound Tax System 1. Case: First Lepanto Taisho Ins. SECTION : SECTION 1(1), DEFINITION OF “GROSS INCOME” SUBJECT : THE . 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 INCOME TAX ACT, CAP 340 4-123 (a) The Income Tax (Withholding Tax) Regulations, SI No. K. Whether you are a student seeking to improve your academic performance or a legal professional seeking to stay up-to-date with the latest developments in this field, Legal Bites is an The term “income” has the widest possible connotation within the four corners of the Income tax Ordinance 2001; dividend in specie received by the taxpayer-appellants falls within the scope of the term “income” 17. 2. the rate 91 of tax applicable to other taxable income of Individuals, Hindu Undivided Families (HUF), Association of Persons (AOP), Bodies of individuals (BOI) and artificial juridical persons. e. Income Tax | Case Laws. They are used to fund public services, pay government obligations, and provide goods for citizens. The income-tax law in India consists of the following components ± The various instruments of law containing the law relating to income-tax are explained below: Income-tax Act, 1961 The levy of income-tax in India is governed by the Income-tax Act, 1961. 2016 SECTION A - INCOME TAX ACT BASICS Study Note 1 : Basic Concepts 1. As Figure 1 shows, the largest category The judgments delivered in the Tax Court on this page are arranged per year and then per date of delivery. ] (2) A return of income shall be taken to be complete if it is in accordance with the provisions of sub-section (2) of section 114. com SkypeId: taxmannindia Income Tax Case Laws. 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. The concept of advance tax is known since Direct Taxes: If tax is levied directly on the income or wealth of a person, then, it is a direct tax. Mumbai Tribunal : S. 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 . Prospectivity of tax laws exemption limit i. 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. Ltd. Corp. The Fiscal Laws Committee has also brought out a Guidance Note on Audit of Public Charitable Institutions under the Income-tax Act, 1961. 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. Income Tax Cases 2000 – 2004. Srikrishna (P) Ltd. return filed by assessee(s). Citicorp Finance (India) Ltd. Commissioner of Income Tax [2018] 89 taxmann. Input Tax Credit, Job Work and Input Service Distributor XIII. PANDA, ACCOUNTANT MEMBER ITA. 2000 incurred in the production of income, gains or profits chargeable to tax, Sections of the law: Sections 15(1), (2)(a) and 16(1)(a) of the Income Tax Act Implications Section 15 and 16 of the Income Tax Act requires that before any expenditure can be deducted from a person’s taxable income it ought to have been exclusively (C) Yes. (Benchmark Marketing Corp. 1. Tax laws should always be enforced because without taxes the very existence of the State is endangered. Our Clear Library provides all the necessary direct and indirect tax-related data. R. Original Order updated on daily basis Sep 20, 2019 · Petitioner relied on a line of cases by this Court holding that the income tax is an indirect tax under the Constitution and therefore an excise tax arising only upon the exercise of a federal privilege. 58 OF 1962 . tax acts The South African (legislation), e. 20. Showing 1 to 20 of 172540 Records. Fiscal Adequacy Case: Chavez v. The controversy in the present batch of civil appeals pertains to the interpretation of Section 45(5) of the Income-tax Act, 1961, as it stood prior to 1. A. , the law relating to Tax Procedures, including Tax Practice and Case Studies. In the above case, the seller has sold a property owned by him; in order to claim the exemption u/s 54F he made an investment in a new property in the name of his wife. o, malappuram, kerala, india 673635 341 a. 19/03/25 Search the Legal database. 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. Central Goods & Services Tax Law “CGST” XII. Chief-Commissioners of Income-tax/Chief-Commissioners of Income-tax All Pr. Commissioner of Income Tax (Appeals) - CIT(A) Income Tax Appellate Tribunal (ITAT) High Court (HC) - Valid service of notice u/s. ), 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. To activate this reliance Petitioner rebutted all testimony of taxable income in the form of the 1099-R by use of form 4852. 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. Deputy Commissioner of Income Tax: 20/03/25: M/s. Although judgments of the Tax Court do not constitute precedents, they have some persuasive value. 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. png Importance: High July 2018 New Tax Court case on source Why this matters? A recent tax court judgment substantially deviates from the principle emanating from case law to-date. 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. Apr 23, 2020 · In the case of Commissioner of Income Tax vs. CIT vs. Mar 17, 2021 · IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES "C" : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B. 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. P. The impugned judgment notes that the Federal Board of Revenue (“FBR”) vide notification dated 21. 2(9)] 4 Amitbhai Gunvantbhai [1981] 129 ITR 573 (Gut. ) [Sec. itatonline. PDF (10 Document Allowed) Case Laws Since 1932 Powerful Search Filters Keyword Search in PDF Subject Wise Case Laws Section Wise Case Laws Full Library of All Cases Cases in Tablular Format Taxpundit is India’s biggest repository of Income Tax & GST Case Laws of Supreme Court, High Courts, Tribunals, Advance Rulings, AAR etc. Year : 2012-13 Sh. (D) No. Kamal Wahal . Snehasis Nanda: 20/03/25: Chandra Shekhar Singh Vs. Aug 17, 2012 · 23 Sep 14 0 Direct Tax Case Email _ 187-2014 Ms Toyota Walton Motors ITA 463 lb 2013 Tag Line will be added soon; 22 Sep 14 0 Direct Tax Case Email _ 186-2014 Saifullah Khan W. Sripal Reddy (2013) In this case, the court held that a genuine transaction cannot be disregarded on the ground of mere suspicion. IX. 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. It May 18, 2022 · Address 59/32, New Rohtak Road, New Delhi – 110005 Phone : 011-45562222 Fax : 011-45577111 Email : sales@taxmann. Doctrines in Taxation 1. Further to avoid Click here to download the pdf versions of the Digest of case laws S. 4 Administration of Tax Laws 2 1. e. ” 7. The reason is that these matters have reached this Court via tax references. I. In this Note unless the context indicates otherwise – • “BGR” means a binding general ruling issued under section 89 of the Tax Administration Act, 2011; Subject: July 2 / need a PDF please . Apr 28, 2022 · Dive into crucial Income Tax case laws covering sections 276C, 276D, 277, and more. 340 – 1 124 -132 (b) The Income Tax (Distraint) Rules, S. Indirect Taxes: If tax is levied on the price of a good or Section No. 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. The Supreme Court may nullify a tax law, hence, property rights are not affected. 7. DDT imposed u/s 115O is subject to the charging provisions u/s 4 of the Act, which itself is subject to other provisions of the Income-tax Act, including S. law but many time they are not able to apply these provision in practical cases. Directors-General of Income-tax/Directors-General of Income-tax Guidelines for selection of cases for scrutiny during the Financial Year 2017-2018-regd. It assessee should be assessed under the head “Income from house property” and not under the head “Profits and gains from business or profession. 31/2025 Income-tax (Tenth Amendment) Rules, 2025 - Central Government notifies form ITR-B for taxpayers on whom search, or requisition operation has been initiated. qggeze mvov ctwjzt hqowi xcp sqwzxcy mua kas khq qjkiypopr kql ffbql tduqz yagxiow kwi