Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Neyveli Lignite Corporation Ltd. (2020) 273 Taxman 322 / 193 DTR 6 (Mad.)(HC)

S. 147 : Reassessment – Depreciation – Water supply and drainage – Allowed depreciation at 15%- Issue was subject matter of revision and considering the reply the revision proceedings were dropped – Reassessment is held to be not valid [ S. 32 , 148, 263]

S. 147 : Reassessment – Depreciation – Water supply and drainage – Allowed depreciation at 15%- Issue was subject matter of revision and considering the reply the revision proceedings were dropped – Reassessment is held to be not valid [ S. 32 , 148, 263]

PCIT v. Vijayeshwari Textiles Ltd. (2020) 275 Taxman 560 / 196 DTR 126 (Mad.)(HC)

S.147: Reassessment- After the expiry of four years- Product development expenditure – Capital or revenue – Reassessment is held to be bad in law [ S.37 (1) ]

CIT v. NCR Corporation (P.) Ltd. (2020) 274 Taxman 139 / 193 DTR 66 (Karn)(HC)

S. 145 : Method of accounting – Change in revenue recognisation method – Held to be justified .

Kandan & KannanMedicalAgency v. ITO (2020) 194 DTR 172 / 269 Taxman 291 (Mad.)(HC)

S. 144 : Best judgment assessment – Specific show cause notice was not issued in respect of proposed addition under section 69A of the Act and not other issues – Matter remanded to the Assessing Officer to redo the assessment [ S. 69A , 142 (1), Art , 226 ]

Rajasthan State Electricity Board, Jaipur v. UOI (2020) 275 Taxman 501 / 187 DTR 466 / 313 CTR 754 (SC)

S. 143(1A ) : Assessment – Intimation -Amendment made to section 143(1A) by Finance Act, 1993 with retrospective effect from 1-4-1989 is constitutionally valid .

PCIT v. CIMS Hospital (P.) Ltd. (2020) 193 DTR 275 / (2021) 318 CTR 349 (Guj)(HC)

S. 115JB : Book profit – Disallowance u/s 14A were deleted – No adjustment could be made while computing book profit [ S.14A , R.8D ]

PPN Power Generating Company (P.) Ltd. v. CIT (A) (2020) 275 Taxman 143 / 194 DTR 329 (Mad.)(HC)

S.115JB: Book profit – Receipt in subsequent year – Rate of tax is same – Directed the Assessing Officer and pass the consequential order

CIT v. Mandavi Builders, Mangalore (2020) 275 Taxman 519 / 317 CTR 709 / 195 DTR 273 (Karn.)(HC)/Editorial : SLP of revenue is dismissed ; CIT v. Mandavi Builders (2022) 284 Taxman 371 (SC

S. 80IB(10) : Housing projects- Sale of flats to single or related persons – Amendment is prospective- Unaccounted income found in the course of search -Business income – Deduction cannot be denied [ S.80IB(10)(e), (f) ] S. 80IB(10) : Housing projects- Sale of flats to single or related persons – Amendment is prospective- Unaccounted income found in the course of search -Business income – Deduction cannot be denied [ S.80IB(10)(e), (f) ]

CIT v. Tidel Park Ltd. (2020) 430 ITR 214 / 317 CTR 440 / 195 DTR 191 (Mad.)(HC)

S. 80IA :Industrial undertakings – Lease rent income of industrial park is assessable as business income and eligible for deduction [ S. 22, 28 (i) ]

CIT v. S. Mahalakshmi (Smt) (2020) 274 Taxman 179 / 189 DTR 256 / 315 CTR 919 (Mad.)(HC)

S. 8IA : Industrial undertakings – Manufacture – Process of converting raw urad into urad dhal is a manufacturing activity – Entitle to deduction .