Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Sunil M. Thakkar (2020) 317 CTR 262 (Bom)(HC)

S. 158BC : Block assessment – Undisclosed income –After examining the details the Tribunal deleted the addition on facts – No question of law [ S.158BB(1), 260A]

Essilor India P. Ltd v. ACIT (2020) 187 DTR 430 / 315 CTR 199 (Karn) (HC)

S. 148 : Reassessment – Notice issued u/s 92CA based on the reassment notice was challenged as the objection to reassment notice was not disposed off – Directed to dispose the objection and proceedings u/s 92CA was stayed [S. 92CA, 148, Art , 226 ]

Nielsen (India) P. Ltd. v. Dy. CIT (2020) 187 DTR 451 (Bom) (HC)

S. 147 : Reassessment –Failure to deduct tax at source- No failure to disclose material facts – Reassessment is bad ib law .[ S.40(a)(ia), 148 Art , 226 ]

PCIT v. K.R. Jayaram (2020) 192 DTR 281 / 316 CTR 560 (Mad) (HC)

S. 147 : Reassessment – Real estate business- Improvement cost –Change of opinion – Reassessment is hedl to be bad in law [ S.148 ]

CIT v. Tidel Park Ltd (2020) 317 CTR 440 / 195 DTR 191 (Mad) (HC)

S. 147 : Reassessment – Developing, operating and maintaining information technology parks – Lease rental – Change of opinion – Reassessment is held to be bad in law [ S.80IA(iii), 148]

CIT v. Kesarwani Sheetalaya (2020) 190 DTR 377 (All) (HC)

S. 69A : Unexplained money -Cold storage -Entries tallied with stock register – No vilatiion of U.P .Regulstion of Cold Storage Act , 1976- Deletion of addition is held to be justified -No question of law [S.260A, U.P. Regulation of Cold Storage Act, 1976. ]

Tamil Nadu State Marketing Corpn Ltd v. UOI (2020) 196 DTR 293 / 217 CTR 965 (Mad)(HC)

S.40(a)(iib):Amounts not deductible- Value added tax – Violation of principle of natural justice – Writ petition dismissed on the ground of alternative remedy [ Art , 14, 19(1)(g), 226 ]

CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to contarctor – Failure to furnish form No 15J – PAN no of was collected at the time of payment – No dialloawance can be made [ S. 194C (7), R, 31A ] S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to contarctor – Failure to furnish form No 15J – PAN no of was collected at the time of payment – No dialloawance can be made [ S. 194C (7), R, 31A ]

CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S .14A : Disallowance of expenditure – Exempt income – In the absence of dividend income – No disallowance can be made [ R.8D ]

CIT v. Maharshi World Peace Trust (2020) 190 DTR 389/ 315 CTR 469 (MP) (HC)

S. 12AA : Procedure for registration –Trust or institution-Genuiness of Trust is established – No mandate to get registration under MP Public Trust Act , 1951 – Order of Tribunal is affirmed .[MP Public Trust Act 1951 ]