Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Greenstar Fertilizers Ltd. v. Add. CIT (2022) 440 ITR 140 / 209 DTR 248 / 324 CTR 426 / 285 Taman 56 (Mad.)(HC)

S. 144B : Faceless Assessment- Non-Resident-Draft assessment order was served-Objections were considered-Writ is not maintainable. [S. 246A, Art. 226]

Rmsi Private Limited v. NFAC(2022) 440 ITR 245/ 285 Taxman 708 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Order passed without show cause notice and draft assessment order. Directed to file an affidavit. [S. 143(3), 144B(9), Art. 226]

Magick Woods Exports P. Ltd. v. Add. CIT (2022) 440 ITR 607 (Mad.)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Request for adjournment to notice and draft assessment order-Neither rejected nor duly intimated-Order was set aside. [S. 143(3), Art. 226]

PSR Bankers v. ACIT (2022) 440 ITR 228 (Mad.)(HC)

S. 143(3) : Assessment-Survey-Unexplained investment-Excess stock-Lock-down restrictions owing Covid-19-Unable to produce documents in support of its claim within time granted-Order was set aside. [S. 69, 133A, 142(1), 143(2), Art. 226]

Hinduja Land Developments (P.) Ltd. v. ACIT (2022) 440 ITR 135 / 284 Taxman 662/ 213 DTR 164/ 326 CTR 464 (Karn.)(HC)

S. 80IB(10) : Housing projects-Denial of exemption on the ground that in the revised return the claim was withdrawn-Denial of exemption on hyper technicalities is held to be unjustified-Matter remanded to the Assessing Officer. [S.80AC]

CIT v. Varun Developers (2022) 440 ITR 354 (Karn.)(HC)

S. 80IB(10) : Housing projects-Built up area-Proportionate deduction allowable-Project completion method-Entitle deduction on the basis of project completion method adopted by the assessee. [S. 145]

PCIT v. S. N. Builders and Developers (2022) 440 ITR 351 (Karn.) (HC)

S. 80IB(10) : Housing projects-Built-up area-Some units of project conforming to condition-Proportionate deduction allowable.

CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84 / 328 CTR 676 (Bom.) (HC)

S. 80IA : Industrial undertakings-Eligible business-Deduction to be computed unit-wise and not business as a whole-Manufacture-Processing and marketing of seeds-Raw seeds undergoing various processes-Amounts to manufacture or production of articles or things. [S. 80IA(2), 80IA(5), 80IA(7)]

Goa Carbon Ltd. v. ACIT (2022) 440 ITR 257 (Bom.)(HC)

S. 80HHC : Export business-Income earned from leasing of plant and machinery-Not export turnover-Not eligible deduction. [S. 80HHC (2)(b)(i)]

CIT v. Vishnu Prakash Sharma (2022) 440 ITR 324 (Raj.)(HC)

S. 69 : Unexplained investments-Excess stock during search-Books of account was incomplete-Retraction of statement-Deletion of addition was held to be justified [S. 132, 132(4)]