Case Digest on Income Tax Judgments by High Courts, 2016-17 - Part 2
Royalty should be computed on the basis of Actual Sales Value, not on the List Price; Delhi HC allows deduction on Royalty CIT vs ORACLE INDIA...
![Section 264 can be Triggered for Making Corrections When Assesee Fails to Claim Amenable Deduction under Income Tax Act: Delhi HC [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Corrections-Triggered-for-Making-Corrections-When-Assesee-Fails-to-Claim-Claim-taxscan.jpg "Section 264 can be Triggered for Making Corrections When Assesee Fails to Claim Amenable Deduction under Income Tax Act: Delhi HC [Read Order]")
![Non-Responding and Non-Complaining before PCIT when issue Restored to AO for Proper Enquiries cannot make Revision Illegal and not Maintainable: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Non-Responding-and-Non-Complaining-before-PCIT-when-issue-Restored-Proper-Enquiries-Revision-Illegal-Maintainable-ITAT-TAXSCAN.jpg "Non-Responding and Non-Complaining before PCIT when issue Restored to AO for Proper Enquiries cannot make Revision Illegal and not Maintainable: ITAT [Read Order]")
![Appeal filed in Delay of 324 days having lost in Consequential Proceedings: ITAT dismissed Delay Condonation in Interest of Public [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Appeal-Delay-Consequential-Proceedings-ITAT-Delay-Condonation-in-Interest-of-Public-Interest-Public-TAXSCAN.jpg "Appeal filed in Delay of 324 days having lost in Consequential Proceedings: ITAT dismissed Delay Condonation in Interest of Public [Read Order]")
Taking Separate Exemption for Claiming Contribution to Gratuity fund not needed as Approval Granted to Master Trust Applicable to Companies formed by Restructuring: ITAT [Read Order]
The Ahmedabad Bench of Income Tax Appellate Tribunal (ITAT) has held that taking separate exemption for claiming contribution to the gratuity fund was not needed as approval granted to master trust...
![Taking Separate Exemption for Claiming Contribution to Gratuity fund not needed as Approval Granted to Master Trust Applicable to Companies formed by Restructuring: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/10/Taking-Separate-Exemption-Exemption-Contribution-Taking-Separate-Exemption-for-Claiming-Contribution-to-Gratuity-Gratuity-ITAT-taxscan.jpg "Taking Separate Exemption for Claiming Contribution to Gratuity fund not needed as Approval Granted to Master Trust Applicable to Companies formed by Restructuring: ITAT [Read Order]")
Delhi High Court Rejects Tax Commissioner’s Appeal Citing “Unjustifiable Delay”; “Law of Limitation” Applies equally to All Litigants Including Govt. Entities [Read Order]
The High Court of Delhi has dismissed the appeal filed by the Principal Commissioner of Income Tax citing an “unjustifiable delay” of 498 days in filing the appeal under Section 260A of the Income...
![Section 269ST Applies to Undisclosed Income Declared During Survey: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Applies-to-Undisclosed-Income-Declared-During-Survey-ITAT-TAXSCAN.jpg "Section 269ST Applies to Undisclosed Income Declared During Survey: ITAT [Read Order]")
Allegation of under Statement of Revenue in P&L account is Baseless as TDS is Deducted on VAT Amount: ITAT quashes Revisionary Order [Read Order]
The Mumbai Bench of Income Tax Appellate Tribunal (ITAT) held that the allegation of Principal Commissioner of Income Tax (PCIT) that the assessee has under stated the revenue shown in ...
![Allegation of under Statement of Revenue in P&L account is Baseless as TDS is Deducted on VAT Amount: ITAT quashes Revisionary Order [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/09/Allegation-Allegation-of-under-Statement-of-Revenue-Revenue-P-L-account-TDS-taxscan.jpg "Allegation of under Statement of Revenue in P&L account is Baseless as TDS is Deducted on VAT Amount: ITAT quashes Revisionary Order [Read Order]")
ITAT Sets Aside Revisionary Order u/s 263 of Income Tax Act for Re-agitating Issue to Explaining Details of Large Cash Deposits in Savings Account [Read Order]
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) held that Principal Commissioner of Income Tax (PCIT) was not validly empowered to invoke revisionary provision of Section 263 of the Income...
![ITAT Sets Aside Revisionary Order u/s 263 of Income Tax Act for Re-agitating Issue to Explaining Details of Large Cash Deposits in Savings Account [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/ITAT-Sets-Aside-Revisionary-Order-Income-Tax-Act-for-Re-agitating-Issue-to-Explaining-Details-of-Large-Cash-Deposits-Savings-Account-TAXSCAN.jpg "ITAT Sets Aside Revisionary Order u/s 263 of Income Tax Act for Re-agitating Issue to Explaining Details of Large Cash Deposits in Savings Account [Read Order]")
No Income Tax Deduction Allowable for Commission Payments Without Examination/Verification of Agreement between Payer and Dealers: ITAT [Read Order]
The Bangalore Bench of Income Tax Appellate Tribunal (ITAT) held that the Assessment Order allowing deduction of commission payments has been passed without verification, which should have been made,...
![No Income Tax Deduction Allowable for Commission Payments Without Examination/Verification of Agreement between Payer and Dealers: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/08/Income-Tax-Deduction-Income-Tax-Deduction-Commission-Payments-Commission-Examination-Verification-Agreement-between-Payer-and-Dealers-Payer-and-Dealers-ITAT-Taxscan.jpg "No Income Tax Deduction Allowable for Commission Payments Without Examination/Verification of Agreement between Payer and Dealers: ITAT [Read Order]")
Relief to CCTEB India: Delhi HC Releases Provisionally Attached Rs 42 Crores Available as Fixed Deposit [Read Order]
In a major relief to CCTEB India Private Limited, the Delhi High Court released provisionally attached Rs 42 crores available as Fixed Deposit. The Counsel for the petitioner submitted that...
![Relief to CCTEB India: Delhi HC Releases Provisionally Attached Rs 42 Crores Available as Fixed Deposit [Read Order]](https://www.taxscan.in/wp-content/uploads/2023/07/CCTEB-CCTEB-India-Relief-to-CCTEB-India-Delhi-HC-Delhi-HC-Releases-Provisionally-Attached-Rs-42-Crores-taxscan.jpg "Relief to CCTEB India: Delhi HC Releases Provisionally Attached Rs 42 Crores Available as Fixed Deposit [Read Order]")