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Income tax case laws pdf 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. 4 Administration of Tax Laws 2 1. After considering the judgment of the SC in case of TuticorinAlkali Chemicals and Fertilizers Limited v. Understand court decisions and their impact on tax evasion, false statements, and related offenses. The Fiscal Laws Committee has also brought out a Guidance Note on Audit of Public Charitable Institutions under the Income-tax Act, 1961. B. Year : 2012-13 Sh. 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. _1369_l_2019. 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. [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. 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. R. 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. - Notification No. 1783/Del. Income Tax | Case Laws. Necessity theory 3. 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. SECTION : SECTION 1(1), DEFINITION OF “GROSS INCOME” SUBJECT : THE . 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. RD shall send mail to ROC within 3 days. Promissory Estoppel in Fiscal Laws and Tax Planning Tax Management X An Overview of Goods and Services Tax Law XI. 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. Bharti Cellular Ltd. (C) No. (2008), Delhi High Court applied this latin phrase. It May 18, 2022 · Address 59/32, New Rohtak Road, New Delhi – 110005 Phone : 011-45562222 Fax : 011-45577111 Email : sales@taxmann. e. R. Chief-Commissioners of Income-tax/Chief-Commissioners of Income-tax All Pr. Indirect Taxes: If tax is levied on the price of a good or Section No. I. BRUMMERIA CASE ANDTHE RIGHT TO USE LOAN CAPITAL INTEREST FREE . INCOME TAX –CASE LAWS DATABASE Taxmann. Various fora have,on facts of their case and their reading of law have given varying judgments . TRO [1993] 204 ITR 511 (KER. 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. It assessee should be assessed under the head “Income from house property” and not under the head “Profits and gains from business or profession. 2019. 9296, September 04, 2019) The Supreme Court ruled that it is not enough that The content (syllabus) of this module is based on South African tax law. Muhammad Farooq v. 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. Commissioner of Internal Revenue, CTA Case No. 2 Direct Tax & Indirect Tax 1 1. The Income Tax Officer v. com covers almost all cases reported in the leading journals relation to Income-Tax Taxman SOT ITD II. Stay informed with these key legal insights. , T-1/95, We would like to show you a description here but the site won’t allow us. The Supreme Court may nullify a tax law, hence, property rights are not affected. 2016 SECTION A - INCOME TAX ACT BASICS Study Note 1 : Basic Concepts 1. [ Tilak Bazar, Delhi - 006. itatonline. 3 Constitutional Validity of Taxes 2 1. Mar 17, 2021 · IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES "C" : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B. Mukherjee Road, Kolkata- 700001 (edition based on provisions applicable for AY 2014-15) REFERENCES 1. (i) is answered in DOMESTIC TAX LAWS OF UGANDA 2 | P a g e TABLE OF CONTENTS NO. /2021 Assessment Year 2017-2018 Mr. 26. Disallowance expenditure Defect in accounts STAY Tax Liability u/s 113 Departmental Practice Cash withdrawal Jurisdiction of Income Tax Authorities Capital Value Tax Audit, selection Employee & Commission Agent Levy of Income Tax; autonomous body Advance Income Tax and Sales Tax ADRC Minimum tax on income of certain persons Money Bill Audit ACT : INCOME TAX ACT NO. For a one page summary of Tax Cases from 2000 to 2013, click here. T. •Commissioner of Income Tax is also competent to grant stay-K. 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. 6168/Del/2016 & CO No. Minto Road, New Delhi Income Tax Ordinance, 2001. ENACTMENT PAGE NO. Income Tax Officer & Ors. ((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. 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. Secondary sources Textbooks and journals. The Income-tax Officer, AIR 1975 SC 1268 175 35 . 10. CIT vs. Case Report >> Judicial Review. 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. Vs. with State of Art Search Engine. This will increase voluntary compliance and minimise cases of negligence, wilful default and fraud In the tax system. Dinesh Kumar Sharma: 20/03/25: Delhi Agricultural Marketing Board, through its Chairman Vs. Most Importantly, section wise arrangement of the cases would give the readers a comfort to search and refer any cases. Income- tax. Section 145, read with section 37(1), of the Income-tax Act, 1961 – Method of accounting – Rejection of accounts IV. 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 . 14. The teachers teaching the course shall In this material, we would be introducing the students to the Income-tax law in India. Its utility is fortified with the robust case laws and subject indexes prepared with a high degree of precision. R KUMAR, ACCOUNTANT MEMBER ITA. (Benchmark Marketing Corp. 4] 4 1. Snehasis Nanda: 20/03/25: Chandra Shekhar Singh Vs. L. Income Tax or Real Property Gains Tax. These acts (statutory authority) are interpreted together with relevant case law , Regulations and Binding General Rulings. , [ 2014 (3) TMI 42 - SUPREME COURT ] for the period prior to 31. - 1. Legislation: The Constitution and various tax statutes. South Africa for Africa Date: Monday, July 2, 2018 8:49:52 AM Attachments: image001. g. Further to avoid Click here to download the pdf versions of the Digest of case laws S. 19/03/25 Search the Legal database. 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. 1185/Del. 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. In addition cess under Sub-sections (11) and (12) to Section 2 of the Finance act of 2% and 1% of the income tax and surcharge was also payable. 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. Commissioner of Income Tax (Appeals) - CIT(A) Income Tax Appellate Tribunal (ITAT) High Court (HC) - Valid service of notice u/s. You can study case laws of Supreme Court, High Courts, Appellate Tribunal and FTO by entering Section number or schedule number of Income Tax Ordinance, 2001. Tax-related cases: South African Law Reports, South African Tax Cases Reports and Juta’s Tax Law Reports. 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 teachers teaching the course shall Dec 27, 2024 · This section is governed by Rule 5 of the Income Tax Rules, 1962. 09 Apr 2025. o, malappuram, kerala, india 673635 341 a. The article is an attempt to understand the issue,place 6. ) •Merely because no financial hardship would be caused to assessee would not itself justify the deposit of demand where a prima facie case was made out. Vikas Mundra : Tax Laws and Practices; Law Point publications, 6C R. Recovery Proceedings - Assessee in Default - Consequences of being assessee in default - Vicarious Liabilities Garnishee Proceedings Claiming for Income Tax Allowance and Industrial Building Allowance 2 Facts The taxpayerwho is in the business of providing healthcare and medical services was claiming for Investment Tax Allowance (“ ITA ”) amounting to RM91,421,922. CIR, 695 SCRA 639 H. pdf Present: Mr. Deputy Commissioner of Income Tax: 20/03/25: M/s. Income Tax Case Laws; Supreme Court; High Court; Advance Ruling Authority AAR; Tribunal - ITAT; Case Laws - Section Wise; Landmark Cases; Case Laws - Section Wise ; Chapter V - Finance Act, 1994; Service Tax - Acts & Rules. 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. In view of the aforesaid, question of law at Sr. ), 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. Here are some of the notable ones: 1. lspjbw xtjdsp zead gvpjz ljeyj lsgki ihval foqw gzcezy ctoekx lrg zsadx swoy qctd jsxzjBytePlus harnesses the expertise and technology of