Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


FL Smidth (P.) Ltd. v. Dy. CIT (2020) 273 Taxman 441 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Enhancement by the Assessing Officer-Considering the facts disallowance is held to be justified. [R. 8D]

Renault Nissan Technology & Business Centre India (P) Ltd. v. CIT (2020) 273 Taxman 414 (Mad.)(HC)

S. 10AA : Special economic zones-Export turnover-Expenses incurred in foreign currency not meant for rendering any services outside India, could not be excluded from export turnover.

Dorf Ketal Chemical India (P.) Ltd. v. DCIT (2021) 186 ITD 681 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Hearing concluded on 23-7-2019 and order was passed on 18-10-2019-Monetary limit prescribed Circular Nos. 3 of 2018 dated 11-7-2018 ie. 20 lkhs would apply and not circular No 17 of 2019 dated 18-8-2019 wherein the monitory limit of Rs. 50 lakhs was fixed. [S. 268A]

Kashmir Road Lines v. DCIT (2021) 186 ITD 454 (Amritsar) (Trib.)

S. 254(1) : Appellate Tribunal-Powers-Delay of 124 days was condoned-Mistake of counsel-Supported by affidavit-Delay was condoned-Ex parte order passed by the Commissioner (Appeals) was set aside and directed him to decide on merits. [S. 251]

Govt. Girls Sr. Secondary School v. ACIT (2021) 186 ITD 24 (Delhi)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Prior to 1-6-2015-No fee can be levied. [S.200A]

Franchise India Brands Ltd. v. CPC-TDS (2021) 186 ITD 338 (Delhi)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Tax deducted tax at source and deposited same on 18-5-2015 i.e. prior to amendment to section 200A(1) on 1-6-2015-Statement of TDS was filed on 23-6-2016-late fees could not be as default was prior to amendment. [S. 195, 200A (1)]

Union Bank of India v. ITO (2021) 186 ITD 761 (Kol.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Bank-Interest paid to customer-Shown in their respective return-Should not be treated as an assessee-in-default-Matter remanded. [S. 194A, 197A, 201(1), 201(1A) Form No. 15G, 15H]

Gokul Refoils & Solvent Ltd. v. DCIT(IT) (2021) 186 ITD 711 (Ahd.)(Trib.)

S. 195 : Deduction at source-Non-resident-Reimbursement of demurrage charges paid by assessee to a non-resident shipping company-Provision is not applicable. [S. 172]

Hari Narain Gattani v. DCIT (2021) 186 ITD 434 / 210 TTJ 771 (Jaipur)(Trib.)

S. 154 : Rectification of mistake-Tax on income referred in section 68, or section 69 or section 69B or section 69C or section 69D-Search-Surrender of income-Maximum rate of 60 % tax rate cannot be levied-Rectification order was quashed [S. 115BBE 132]

Amit Arora v. ACIT (2021) 186 ITD 289 (Delhi)(Trib.)

S. 153A : Assessment-Search-Return filed after date of search-Assessing officer has the jurisdiction to make the assessment whether any incriminating materials were found/seized in the course of search-Failure to explain source of cash deposit in his account and account of minor son-Addition is held to be justified. [S. 68, 132]