Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


eMudhra Ltd v. ACIT (2020) 273 Taxman 473 (Karn.)(HC)

S. 148 : Reassessment-Notice-Non-existing company-Substantive illegality and not procedural violation of nature adverted to in section 292-B, hence, not curable-Notice was quashed. [S. 142 (1), 147, 292B, Art. 226]

Suresh Chand Gupta v. PCIT (2020) 273 Taxman 66/ ( 2021 ) 438 ITR 657 (All.)(HC)

S. 147 : Reassessment-Audit objection-Income from other sources-Profit worked out profit on basis of contract/sub-contract income but failed to add interest income shown in books as other income-Reassessment is held to be valid. [S. 56, 148]

Daison Joseph v. CIT (2020) 272 taxman 51 (Ker.)(HC)

S. 139 : Return of income-Condonation of delay-Treatment of daughter-Matter remanded to Commissioner for giving one more opportunity to the assessee to produce all documents relating to treatment of his child. [S. 119, Art. 226]

Anant Vardhan Pathak v. UOI (2020) 273 Taxman 23 (Bom.)(HC)

S. 132 : Search and seizure-Validity-Assessing Officer found contraband substance, but it was seizure by empowered officers of Narcotics Control Bureau, it could not be said that there was seizure by Income-tax Officers. [Narcotic Drugs and Psychotropic Substances Act, 1985 S. 8(c), 21(b)]

Quick Heal Technologies Ltd. v. UOI (2020) 272 Taxman 163 (Bom.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Deduction at source-Computer software-There is no legal right to petitioner and/or its customers to compel CBDT to give ruling/clarifications on issue of tax deduction at source under section 194C/194J as regards shrink-wrapped-packaged software. [S. 119(1), 194C, 194J, Art. 226]

PCIT v. Aacharan Enterprises (P) Ltd. (2020) 273 Taxman 85 (Raj.)(HC)

S. 115BBE : Tax on income referred in section 68, or section 69 or section 69B or section 69C or section 69D-Finance Bill, 2016-No set off any loss against deemed income-Provision cannot be applied retrospectively. [S. 72]

PCIT v. Rattanchand Rikhadbas Jain Chemical Works (2020) 273 Taxman 261 (Bom.)(HC)

S. 80IB(10) : Housing projects-Completion / occupation certificate issued by Municipality-Tribunal order allowing the claim is affirmed. [S. 260A]

CIT v. Astoria Leathers (2020) 273 Taxman 159 (Mad.)(HC)

S. 80IB(10) : Housing projects-Developer-Owner-If developer was allowed to claim deduction under section 80IB (10) equivalent to its share in profit, assessee land owner should also be allowed to claim deduction of its share, direction of Tribunal was proper. [S. 260A]

Dy.CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi)(HC)

S. 80IA : Industrial undertakings-Enhancement of profit-Incidental income arising to electricity distribution company on account of commission on arrears, replacement of burnt metres, inspection fee, reconnection fee, miscellaneous recovery from suppliers etc., which are incidental incomes would be eligible to deduction. [S. 32, 40(a)(ia), 40A(3), 43B]

Ravinder Kumar v. ITO (2020) 273 Taxman 369 (Delhi)(HC)

S. 68 : Cash credits-Sales from Kiran business-Cash deposit in bank account-Failure to produce any material-Addition is held to be justified.