Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mahavir Dyeing and Printing Mills P. Ltd. v. Asst. CIT (2024)111 ITR 53 (SN)(Surat) (Trib)

S. 145 : Method of accounting-Books of account-Rejection of estimation of profits-Rejection of books of account is held to be not justified. [S. 44AB, 145(3)]

Siemens Ltd. v. Dy. CIT (2024) 112 ITR 248 (Mum)(Trib.)

S. 144C : Reference to dispute resolution panel-Not an eligible assessee-Assessment-Limitation-Assessment order is bad in law-Additional ground is allowed.[S.92CA(3A), 144C(15)(b), 153 (4) 254(1)]

Akshar Shanti Realtors P. Ltd. v. Dy. CIT (2024) 111 ITR 25 (SN)(Mumbai)(Trib.) Dy.CIT v.Nilesh Shantilal Tank v. Dy. CIT (2024) 111 ITR 25 (SN)(Mumbai)(Trib.)

S. 132: Search and seizure-undisclosed income-bogus purchases-failure to rebut statement of the broker by documentary evidence by the Assessee, restricting addition to 12.5 percent is held to be proper [S. 132]

ACIT (Central) Ujjain v. Italian Edibles Pvt. Ltd (Indore)(Trib)(UR)

S. 115BBE-Tax on specified income-Determination of tax in certain cases-Unaccounted stock declared during survey-Excess stock being part of total business stock-Cannot be assessed as deemed income [S.69, 69B]

Etisalat Software Solutions P. Ltd. v. Dy. CIT (2024) 111 ITR 475 (Bang)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Selection of comparables-Persistent Loss Filter-Matter remanded-Turnover filter-Companies whose turnover in current year is more than Rs. 200 crores is to be excluded from list of comparables-Companies Lacking Segmental Information And Functionally Dissimilar with assessee cannot be taken as comparables-Interest on outstanding receivables-Matter remanded-Rate of interest charged at Libor + 300 basis points considering credit period of 90 days.[S.92B, 92CA]

Deliverhealth Solutions India P. Ltd. v Asst. Officer (2024) 111 ITR 554 (Bang)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Selection of comparables-Turnover filter-Companies having turnover exceeding two hundred crore rupees were to be rejected-Persistent losses filter-Matter remanded-Notional interest on overdue receivables-Transfer Pricing Officer to recompute adjustment only in respect of invoices overdue for more than ninety days at interest rate of six months, Libor plus three hundred and fifty basis points.[R. 10B]

American Express Services India Ltd. v. Dy. CIT (2024) 111 ITR 348/ 159 taxmann.com 1378 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Selection of comparable-Matter remanded. [R.10B]

Tega Industries Ltd. v. AUI (2024)111 ITR 71 (SN)(Kol)(Trib)

S. 92B : Transfer pricing-International transaction-Arm’s length price-Avoidance of tax-Corporate guarantee-International transactions-Guarantee fee at 0.5 Per Cent.is justified-Deduction of tax at source-Matter remanded to the Assessing Officer. [S.92C]

Karnataka Power Corporation Limited Employees Credit Co-Operative Society Ltd. v ITO (2024)111 ITR 73 (SN)(Bang)(Trib)

S. 80P : Co-operative societies-Interest-Investment With Co-Operative Banks-Income from other sources-Eligible for deduction of cost for earning of such income-Matter remanded to Assessing Officer for fresh consideration. [S.56, 57(iii),80P(2)(d)]

Enayetpur S. K. U. S. Ltd. v. ACIT (2024)111 ITR 75 (SN)(Kol)(Trib)

S. 80P : Co-operative societies-Providing credit to members Eligible for deduction to extent of income earned from facilities extended to its members only-Matter remanded to Assessing Officer-Delay in filing appeal is condoned.[S. 80P(2)(a)(i), 253]