Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


C.S. Raghoji (Bellary) v. DCIT (2020) 119 taxmann.com 143 /(2021) 277 Taxman 61 (Karn)(HC)

S. 40(a)(ia) : Amounts not deductible – Deduction at source – Handling charges paid to persons for in turn paying multiple labourers – TDS provisions not applicable – matter remanded back to CIT(A) for re-examining evidence which he refused to accept .

CIT v. Aztec Auto (P.) Ltd (2020) 119 taxmann.com 215 /(2021) 277 Taxman 273 (Mad.)(HC)

S. 32 : Depreciation – Asset put to use for less than 180 days – additional depreciation of 10% allowed in the year and balance 10% would be allowed in the subsequent year [S. 32(1)(iia)]

Ponni Sugars (Erode) Ltd. (2021) 197 DTR 133 / 318 CTR 676 (Mad) (HC)

S. 32: Depreciation – Granted in ealier years and latter years – Order set aside for fresh consideration

Thanthi Trust v. DIT (2020) 196 DTR 57/ 121 taxmann.com 119 (2021) 318 CTR 403 (Mad) (HC) Editorial : SLP granted to the revenue , DIT ( E) v. Thanthi Trust ( 2021 ) 281 taxman 216 ( SC)

S. 12AA : Procedure for registration –Trust or institution-Amendment in section 12AA applicable with effect from AY 2011-12 – retrospective cancellation of registration of trust with effect from AY 2010-11 is without jurisdiction. [S. 2(15)]

Carmel Educational and Charitable Trust .v. ITO (2020) 121 taxmann.com 278 / (2021) 277 Taxman 165 (Mad) (HC)

S. 12AA : Procedure for registration – Trust or institution – Assessee deemed to have abandoned or waived off their claim made in first application on filing second fresh application – Commissioner justified in granting registration taking into consideration second application and not retrospective registration basis first application .[ From No.10A ]

Karnataka Industrial Area Development Board .v. Addl DIT (E), (2020) 121 taxmann.com 88 / (2021) 277 Taxman 36 (Karn)(HC)

S. 11 : Property held for charitable purposes – Statutory body- Functions of assessee were fully controlled by instructions issued by Government – Assessee was engaged in charitable activity through advancement of an object of general public utility. [ S. 2(15) , Karnataka Industrial Area Development Act, 1987 ]

Employers Federations of Southern India .v. CIT (E) (2020) 122 taxmann.com 87 / (2021) 277 Taxman 266 (Mad) (HC)

S. 11 : Property held for charitable purposes- Since lower authorities had not rendered any finding that activity carried out by assessee-trust was a commercial activity, benefit of exemption could not have been denied to assessee Matter remanded to AO to take fresh decision [ S.2(15)]

PCIT. v. Wipro Ltd (2021) 123 Taxmann.com 393 / 277 Taxman.com 309 (Karn)(HC)

S. 10B: Export oriented undertakings – Submission of declaration to be treated as directory – Provision of the section did not provide for any consequence on non-filing of declaration within the time limit. [S.10B(8) , 72]

Sanjay Ghodawat University, Kolhapur v. CIT(E) (2021) 431 TR 559/202 DTR 396/ 280 Taxman 63 /124 taxmann.com 6 / 322 CTR 54(Bom)(HC)

S. 10(23C) : Educational Institution – Assessee filed an application for gaining exemption -Application was rejected being delayed – Application for AY. 2018-19 was not delayed –Order for the exemption for further AY. 2018-19 needs to be passed accordingly – Petitioner to file condonation application with CBDT for current AY 2019-20 [S. 10(23C) (vi), 119(2)(b). , Art , 226 ]

V. Gopalan v. CCIT (2021) 431 ITR 76/ 318 CTR 706 / 197 DTR 433 (Ker.)(HC)

S. 10(10C) : Public sector companies – Voluntary retirement scheme – Exemption available under section 10(10C) and section 89(1) of the Act – Alternate remedy not a bar from entertaining the writ petition – Single judge order of the High Court set aside [S. 10(10C)(viii),17(3), 89(1) ,264 , Art , 226 ]