Section 220 – Where original order of assessment was set aside by Appellate Authority and a fresh assessment order was passed, relevant date for charging interest u/s 220(2) would be date of demand notice raised pursuant to fresh assessment order.
Principal Commissioner of Income-tax 1 v. AT & T Communication Services (India) (P.) Ltd. – [2023] 146 taxmann.com 243 (Delhi).
Expenses incurred to obtain legally enforceable agreement with Ministry of Civil Aviation is to be capitalised.
Bangalore International Airport Ltd. v. DCIT – [2023] 146 taxmann.com 206 (Karnataka).
Section 263 – Limitation period for purpose of invoking revision jurisdiction u/s 263 in respect of income assessed originally and remained untouched by reassessment, ought to be reckoned from date of original order of assessment and not from date of order of revised assessment.
Commissioner of Income-tax v. Lakshmi Vilas Bank Ltd. [2023] 146 taxmann.com 227 (Madras).
Notice issued in the name of struck off company is valid if NCLT restored its name after issue of notice.
Ravinder Kumar Aggarwal v. ITO – [2023] 146 taxmann.com 205 (Delhi).
Section 41(1) cannot be invoked for liability against purchase of defective machinery that was never put to use.
Marvelore Mining & Allied Industries (P.) Ltd. v. ITO – [2023] 146 taxmann.com 212 (Surat Trib.).
Dividend received by FII on Indian Depository Receipts in its UK bank account cannot be taxed in India.
Barclays Capital Mauritius Limited v. ACIT – [2023] 146 taxmann.com 134 (Mumbai – Trib.).