Sunayana Dhal
Supreme Court and High Court Weekly Round-Up
This weekly round-up analytically summarises the key tax judgments of the Supreme Court and all High Courts reported at Taxscan.in during the...
![Merely on basis of Statement of Director of Vendor Company, Addition u/s 69B cant be made ignoring facts of Assessee Company: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Merely-on-basis-of-Statement-Director-of-Vendor-Company-Vendor-Vendor-Company-taxscan.jpg "Merely on basis of Statement of Director of Vendor Company, Addition u/s 69B cant be made ignoring facts of Assessee Company: ITAT [Read Order]")
![Addition cant be made towards Disallowance of Bonus as Payment made for Bonus doesnt falls u/s 40A(3) of Income Tax Act: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Addition-Addition-cant-be-made-towards-Disallowance-Disallowance-Bonus-taxscan.jpg "Addition cant be made towards Disallowance of Bonus as Payment made for Bonus doesnt falls u/s 40A(3) of Income Tax Act: ITAT [Read Order]")
![Issuance of Notice u/s 153C of Income Tax Act shall be Invalid Ab-Initio when no Incriminating Document found in Search: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Issuance-Issuance-of-Notice-Income-Tax-Act-Income-Tax-Ab-Initio-taxscan.jpg "Issuance of Notice u/s 153C of Income Tax Act shall be Invalid Ab-Initio when no Incriminating Document found in Search: ITAT [Read Order]")
![Disallowance of Expenses u/s 43B cant be denied When Ex-gratia and Employee staff benefits are shown under Appropriation of fund: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Disallowance-of-Expenses-Ex-gratia-and-Employee-staff-benefits-Employee-staff-benefits-taxscan.jpg "Disallowance of Expenses u/s 43B cant be denied When Ex-gratia and Employee staff benefits are shown under Appropriation of fund: ITAT [Read Order]")
Sufficient time shall be given to Assessee when pending Petition and Request to keep in Abeyance Appeal Proceedings till disposal is made: ITAT grants relief to Apollo Pharmacies [Read Order]
The Chennai bench of the Income Tax Appellate Tribunal (ITAT) granted relief to Apollo Pharmacies and held that sufficient time shall be given to the assessee when the pending petition and a request...
![Sufficient time shall be given to Assessee when pending Petition and Request to keep in Abeyance Appeal Proceedings till disposal is made: ITAT grants relief to Apollo Pharmacies [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Abeyance-Appeal-Proceedings-Apollo-Pharmacies-ITAT-grants-relief-Pharmacies-ITAT-relief-Proceedings-pending-Petition-Petition-Assessee-Taxscan.jpg "Sufficient time shall be given to Assessee when pending Petition and Request to keep in Abeyance Appeal Proceedings till disposal is made: ITAT grants relief to Apollo Pharmacies [Read Order]")
Deduction of TDS at a rate of 0.01% satisfying Mandate of Rule 28AA denied due to Non-Application of Mind by DCIT: Delhi HC directs fresh Adjudication [Read Order]
The Delhi High Court directed fresh adjudication because the deduction of Tax Deducted at Source (TDS) at a rate of 0.01% satisfying the mandate of Rule 28AA of the Income Tax Rules, 1961 denied due...
![Deduction of TDS at a rate of 0.01% satisfying Mandate of Rule 28AA denied due to Non-Application of Mind by DCIT: Delhi HC directs fresh Adjudication [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Deduction-of-TDS-satisfying-Mandate-Non-Application-DCIT-Delhi-High-Court-Adjudication-taxscan.jpg "Deduction of TDS at a rate of 0.01% satisfying Mandate of Rule 28AA denied due to Non-Application of Mind by DCIT: Delhi HC directs fresh Adjudication [Read Order]")
Disallowance of loss due to Incorrect Comprehension of Section 43(6) of Income Tax Act: ITAT upholds order of CIT(A) [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) upheld the order of the Commissioner of Income Tax (Appeal) [CIT(A)] due to disallowance of loss due to incorrect comprehension of Section...
![Disallowance of loss due to Incorrect Comprehension of Section 43(6) of Income Tax Act: ITAT upholds order of CIT(A) [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Disallowance-of-Loss-Incorrect-Comprehension-Income-Tax-Act-ITAT-CITA-taxscan.jpg "Disallowance of loss due to Incorrect Comprehension of Section 43(6) of Income Tax Act: ITAT upholds order of CIT(A) [Read Order]")
Benefit of Article 8 of India-Singapore DTAA shall be allowed when Vessel Handling Charges were allowed to Tax by Indian Entity: ITAT [Read Order]
The Chennai bench of the Income Tax Appellate Tribunal (ITAT) held that the benefit of Article 8 of the India Singapore DTAA shall be allowed when vessel handling charges were allowed to be taxed by...
![Benefit of Article 8 of India-Singapore DTAA shall be allowed when Vessel Handling Charges were allowed to Tax by Indian Entity: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Benefit-India-Singapore-DTAA-Vessel-Handling-Charges-Tax-Indian-Entity-ITAT-TAXSCAN.jpg "Benefit of Article 8 of India-Singapore DTAA shall be allowed when Vessel Handling Charges were allowed to Tax by Indian Entity: ITAT [Read Order]")
Non-existent Entity and Non-Payment of due amount as per Invoices within 180 days is Articulated: Delhi HC directs Re adjudication [Read Order]
The Delhi High Court directs re-adjudication for a non-existent entity and non-payment of the due amount as per invoices within 180 days is articulated. Omkara Footwear, the petitioner had...
"Income other than business/Profession Mismatch" falls within Scope of Limited Scrutiny: ITAT Sets aside Assessment Order [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) set aside the impugned assessment order and held that income other than business/professional mismatch falls within scope of limited...
![Income other than business/Profession Mismatch falls within Scope of Limited Scrutiny: ITAT Sets aside Assessment Order [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Income-business-Profession-Mismatch-Scope-of-Limited-Scrutiny-ITAT-Assessment-Order-TAXSCAN.jpg "Income other than business/Profession Mismatch falls within Scope of Limited Scrutiny: ITAT Sets aside Assessment Order [Read Order]")
Sale Agents rendered Services outside India and Payment made directly through Foreign Exchange are not Taxable under India-USA DTAA: ITAT allows Disallowance u/s 40(a)(i) [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) allowed the disallowance under Section 40(a)(i) of the Income Tax Act, 1961, and held that the sale agents rendered services outside India...
![Sale Agents rendered Services outside India and Payment made directly through Foreign Exchange are not Taxable under India-USA DTAA: ITAT allows Disallowance u/s 40(a)(i) [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/11/Sale-Agents-rendered-Services-outside-India-Payment-Foreign-Exchange-Taxable-India-USA-DTAA-ITAT-Disallowance-taxscan.jpg "Sale Agents rendered Services outside India and Payment made directly through Foreign Exchange are not Taxable under India-USA DTAA: ITAT allows Disallowance u/s 40(a)(i) [Read Order]")