Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Yokogawa India Ltd. v. Dy. CIT (LTU) (2020) 425 ITR 648/ 273 Taxman 520 (Karn)(HC)

S. 115JB : Book profit – Brought forward loss or unabsorbed Depreciation —Non-consideration of claim for deduction- Matter Remanded Tribunal [ S.10A ]

CIT v . GMR Industries Ltd. (2020) 425 ITR 504/ 194 DTR 52 (Karn) (HC)

S. 115JB : Book profit – Prior period expenditure not deductible — Assessing Officer has limited power to make changes — Deletion of addition was held to be not justified . [ S.115J ]

Mehsana District Co-Operative Milk Producers’ Union Ltd. v. Dy. CIT (2020) 426 ITR 96 (Guj)(HC)

S.92C : Transfer pricing —Safe harbour — Exercise of option — Assessing Officer not passing order and declaring that exercising of option was invalid — Option exercised by assessee to be treated as Valid [ S.92CA , 92CB Art, 226 ]

Shri Vitthalray Souharda Pattin Sahakari Niyamit v. UOI (2020)426 ITR 457 / 121 taxmann.com 300/ 277 Taxman 276(Karn)(HC)

S. 80P : Co-operative societies – Society Registered Under Karnataka Act of 1997 falls within definition of Co-operative society- Entitled to [ S.2(19) Art. 14, 19(1) (c ), Karnataka Souharda Sahakari Act, 1997 , Karnataka Co-operative Societies Act, 1959 )

K. 2058, Saravanampatti Primary Agricultural Co-Operative Credit Society Ltd. v. ITO (2020)426 ITR 251 / 187 DTR 185/ 313 CTR 459/ 275 Taxman 87 (Mad)(HC)

S. 80P : Co-operative societies – Interest on statutory reserves —Deduction denied without speaking order — Assessment orders held to be not valid- Mutuality- Whether principle of mutuality is applicable or not is pending before Supreme Court hence the assessees had to file a statutory appeal before the CIT (A)-.Directed to file appeals [S.143(3) , Art .226 ]

PCIT v. S-1308 Ammapet Primary Agricultural Co-Operative Bank Ltd. (2020) 426 ITR 244 (Mad)(HC)

S. 80P : Co-operative societies – Member – Share holding member and associate member – Assessing Officer cannot draw distinction between shareholding members and associate members — Entitle to deduction [S.80P(4)(b) , Tamil Nadu Co-Operative Societies Act, 1983, S. 2(16) ]

PCIT v. Electro Urban Co-Operative Credit Society Ltd. (2020) 426 ITR 215/ 273 Taxman 437 (Cal)(HC)

S. 80P : Co-operative societies – Amount transferred to reserve fund which were invested in approved securities — Interest earned is entitled to – Matter remanded. [S.80P(2)(d), West Bengal Co-operative Societies Act, 2006, S 79, 82 ]

PCIT v .Majestic Developers (2020) 426 ITR 175 / 122 taxmann.com 123 (Karn)(HC),Editorial: SLP of revenue dismissed , PCIT v. Majestic Developers ( 2021 ) 278 Taxman 187 (SC)

S. 80IB(10) : Housing projects- Completion of project within specified time —Certificate of registered certified Architect sufficient. [ S.147 , Karnataka Municipal Corporations Act, 1976. S.310 ]

Vardhman Holdings Ltd. v .CIT (2020) 425 ITR 253 (P&H)(HC)

S. 80HHC : Export business -Computation of profits — Common Expenditure for eligible and non-eligible units — Expenditure to be apportioned.

ISPAT Projects Ltd. v. CIT (2020) 425 ITR 459/ 190 DTR 355/ 315 CTR 641/ 272 Taxman 193 (Cal)(HC)

S.80HHC: Export business -Export turnover Fluctuation in foreign exchange rates —Part of export turnover and total turnover [ S.80HHC (2) Art , 226 ]