Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Sree Gokulam Educational and Medical Trust. (2020)181 ITD 572 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes – Investment of surplus fund in chit fund – Denial of exemption is held to be justified [ S. 2(15) ,11(5) ]

Amateur Riders Club v. ADIT (2020) 181 ITD 401 (Mum) (Trib)

S. 11 : Property held for charitable purposes – Cancellation of registration was set aside by the Appellate Tribunal- Denial of exemption was set aside .[ S.12A ]

Classic Linens International (P.) Ltd v. Dy. CIT (2020) 181 ITD 765 / 77 ITR 1 / 189 DTR 1/ 204 TTJ 794 (Chennai) (Trib.)

S. 10AA : Special economic zones – Free trade zone- Not having exhausted deduction under S. 10A for ten consecutive assessment years on date of introduction of S. 10AA , entitled for additional period of deduction for five years as is allowed to SEZ units . [ S.10A ]

ITO v. Agile Software Enterprises (P.) Ltd. (2020) 181 ITD 817 (Bang) (Trib.)

S. 10A : Free trade zone – Total turnover – While computing deduction expenditures excluded from export turnover were also to be excluded from total turnover.

Sudip Rungta. v. DCIT (2020) 181 ITD 165 /77 ITR 63 (SN) (Kol ) (Trib.)

S. 10(13A) : House rent allowance – Performance bonus does not form part of ‘salary’ as defined in clause (h) of Rule 2A for purpose of computing exemption [ S.15 ]

Harleen Kaur Bhatia. (Smt.) v. PCIT (2020)181 ITD 294/ 203 TTJ 859 (Indore) (Trib.)/Gurvinder Kaur Bhatia ( Smt ) v. PCIT (2020)181 ITD 294/ 203 TTJ 859 (Indore) (Trib.)

S. 10(10D) : Life insurance policy – Keyman insurance policy – Assignment of policy – Amendment brought in by Finance Act 2013 in Explanation 1 to section 10 (10D) is prospective in nature and it shall only apply to keyman insurance policy assigned after 1-4-2014 – policy assigned in hands of assessee in year 2013 would continue to be an ordinary policy and sum received by her on maturity would not be taxable – Revision of order is held to be not valid [ S.263 ]

System India Castings. v. PCIT (2020) 425 ITR 158 (Chhattisgarh)(HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax – Penalty deleted – Launching of prosecution is held to be not valid [ S.277 ]

Piyoosh Kumar Goyal v. UOI (2020) 426 ITR 546 (Delhi)(HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax –
Look-out circular — Application for withdrawal of look out circular and permission to travel abroad —Non-co-operation in investigation proceedings — Apprehension that assessee might flee India — Permission to travel abroad cannot be granted.[ Code Of Criminal Procedure, 1973, S.482 Art .226 ]

Beaver Estates Pvt. Ltd. v CIT (2020)425 ITR 99 (Ker) (HC)

S. 276 : Offences and prosecutions – Concealment – Appeal against assessment pending before appellate authority -Criminal proceedings to be kept in abeyance till decision by appellate authority . [ S.276(1), Art , 226, 227 ]

CIT v .A. R. Builders and Developers P. Ltd. (2020) 425 ITR 272/ 271 Taxman 34 (Mad)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Revaluation of land and building -Capital gains on sale of land- Two possible views – Revision is held to be bad in law [ S.45 ]