Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Brigade Enterprises Ltd. v. ACIT (2021) 279 Taxman 219 (Karn.)(HC)

S. 22 : Income from house property-Building under construction-Pendency of an occupancy certificate-Addition cannot be made on notional basis. [S. 23]

CIT v. Tamilnadu Road Development Company Ltd. (2021) 436 ITR 323 / 279 Taxman 125 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Provision would not be applicable if there was no exempt income earned by assessee during year. [R. 8D]

Wipro Ltd. v. Addl. CIT (2021) 279 Taxman 203 (Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Ad-hoc disallowance cannot be made.

Indian Institute of Engineering Technology v. Dy. CIT(E) (2021) 279 Taxman 199 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Educational institutions-Matter remanded for fresh consideration. [S. 10(23C), 11(5), 13(1)(d)]

Trust for Reaching the Unreached through Trustee v. CIT(E) (2021) 279 Taxman 229/ 202 DTR 39 (Guj.)(HC)

S. 11 : Property held for charitable purposes-Accumulation of income-Exemption cannot be denied merely on the ground of delay in filing the form No 10. [S. 12A, Art. 226]

PCIT v. Syngene International Ltd. (2021) 279 Taxman 364 (Karn.)(HC)

S. 10B : Export Oriented undertakings-Manufacture or production-Providing contract research services in field of molecular biology and synthetic chemistry-Eligible for exemption.

Wipro Ltd. v. Addl. CIT (2021) 279 Taxman 203 (Karn.)(HC)

S. 10A : Free trade zone-losses of unit eligible for deduction were already set-off against other business income-Such losses could not be again carried forward and set-off against eligible profits of same unit in subsequent year-Computer software sales made to STP/SEZ units would not be excluded from export turnover for computing deduction under section 10A/10AA-VAT/GST would not be excluded from export turnover and total turnover for computing deduction under section 10A/10AA. Tribunal could not exclude 80 per cent of uplinking charges from turnover when such exclusion was already limited to 5 per cent of telecommunication charges while computing deduction under section 10A. [S. 10AA]

Gopalbhai Babubhai Parikh v. PCIT (2021) 436 ITR 262 / 279 Taxman 464 (Guj.) (HC)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Exemption not claimed in the return-Exemption claimed on the basis of judgement of supreme Court-Exemption was allowed-Order shall not be cited as precedent. [S. 143(3), 264, Art. 226]

CIT(IT) v. Micro Focus Ltd. (2021) 279 Taxman 242 (Delhi)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Sale of software-Not royalty-DTAA-India-UK. [Art. 13]

Paraminder Singh Kalra v. CIT (2020) 429 ITR 577 / 196 DTR 433 / 318 CTR 211 / (2021) 279 Taxman 316 (Delhi)(HC)

S. 276D : Offences and prosecutions-Failure to produce books of accounts-Documents-Three separate complaint were part of same transaction-Clubbing of complaints and joint trail was allowed [S. 276C(1), 277, Code of Criminal Procedure, 1973, S. 200]