Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Remi Securities Ltd v. ACIT ( 2021) The Chamber’s Journal -March -P. 185 ( Mum) (Trib)

S. 36(1)(vii) :Bad debt –Commodity trading – Purchase and sale on the platform of National Spot Exchange Ltd ( NSEL ) -Scam 2013- Profits offered as business income – Write off of 25% of the outstanding amount – Amounts written off in the books of account- Allowable as bad debt [ S.36(2) ]

BRR ( India ) Pvt Ltd v. ITO ( 2021) The Chamber’s Journal -March -P.188 (Bang ) (Trib)

S. 28(i): Business income – AIR information- Addition cannot be made solely on the basis of AIR information . [ S.145, From No .26AS ]

Chalet Hotels Ltd v.DCIT ( 2021) BACJ-March – P. 40 ( Mum) (Trib)

S. 14A : Disallowance of expenditure – Exempt income -Even suo motu disallowance made need to be restricted to the extent of exempt income [ R.8D ]

Macrotech Developers Limited v. PCIT ( 2021 ) 434 ITR 131 / 200 DTR 121/ 320 CTR 79 / 280 Taxman 37 ( Bom) (HC) www.itatonline.org/Editorisl: SLP of Revenue dismissed, PCIT (Central) v. Macrotech Developers Ltd. (2023) 295 Taxman 218 (SC)

The Direct Tax Vivad se Vishwas Act, 2020

S. 9(a)) (ii)) : Act not to apply in certain cases – Tax arrear – Prosecution has been instituted on or before the date of filing of declaration- Wilful attempt to evade tax -Tax deduction at source – Prosecution – Q. 73 of CBDT Circular 21 of 2020 dated 4/12/2020 ( 2020) 429 ITR 1 (St ) would stand set aside and quashed. [ Art , 14, 226 ]

Little Angels Education Society v. UOI (2021) 434 ITR 423/320 CTR 331 / 200 DTR 289 / 280 Taxman 4 ( Bom) (HC) www.itatonline.org/C.F. Andrews Education Society v. UOI (2021)434 ITR 423/ 320 CTR 331 / 200 DTR 289 / 280 Taxman 4 ( Bom) (HC) www.itatonline.org

S. 11 : Property held for charitable purposes – School – Exemption – For delay in filing form Nom 10B denial of exemption is not justified – Petitioner is directed to file an application before the CBDT within a period of three weeks from today, and CBDT shall pass an appropriate order in terms of direction No.1 above within a period of four weeks from the date of receipt of such application with due intimation to the petitioner [ S. 2(15) , 12, 119 (2)(b) , Form No 10B , Art , 226]

Neeru Dhir v. Kamal Kishore Dhir (2021) 276 Taxman 265 (Delhi)(HC)

Prohibition of Benami Property Transactions Act, 1988

S.4. Prohibition of the right to recover property held Benami – It was imperative for Single Judge to weigh evidence to conclusively decide that plaintiff could not succeed in their claim that defendant No. 1 was holding suit premises in a fiduciary capacity for benefit of family members. matter was to be remanded back [S. 3(b) 4(1) 4(3)(b), Order VII, Rule11 of the Code of Civil Procedure, 1908 ]

Cigabyte Technology (India) (P) Ltd v. CIT( 2020) 195 DTR 337/ 317 CTR 585/ ( 2021) 276 Taxman 104 ( Goa Bench) ( Bom) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Transfer pricing -Failure to provide draft assessment order – Direction to pass fresh assessment order- -Void ab initio -Revision is held to be not valid . [ S.92CA, 144C ]

Narasimman Padmavathy v. ITO( 2020) 196 DTR 365/ (2021) 431 ITR 374/ 276 Taxman 352 / 318 CTR 472 (Mad.)(HC)

S.143(3): Assessment -Unexplained money –Alternative remedy is available – Writ is not maintainable . [ S.69A ,142(1), Art , 226 ]

CIT v. Mukhtar Minerals (P.) Ltd( 2020)) 195 DTR 393 / (2021) 432 ITR 152/ 321 CTR 30 276 Taxman 218 (Bom.)(HC)

S. 68 : Cash credits – Payments for purchases – Deletion of addition is held to be justified .

PCIT v. Standard Fireworks ( P ) Ltd (2020) 122 taxmann.com 91 (Mad.)( HC) Editorial : SLP of revenue is dismissed ( 2021) PCIT v. Standard Fireworks ( P ) Ltd ( 2021 276 Taxman 190 (SC)

S. 54G : Capital gains – Shifting of industrial undertaking from urban area – Sale of magazine and as per scheme of Explosive Act, 1884 a magazine would be equivalent to a godown and qualify to be a place used for purpose of business of an industrial undertaking- Eligible to claim deduction on sale of godown in an urban area.[ S.45, Explosive Act, 1884 ]