Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sameer Kishore Koticha v. Dy. CIT (2023) 221 TTJ 529 / 149 taxmann. com 345 (SMC) (Mum)(Trib)

S. 24 : Income from house property-Deductions-Commercial property-Property in respect of which assessee claimed interest under section 24(b) was only a commercial property-Restriction on deduction as provided in 2nd proviso to section 24(b) would not be applicable. [S. 22, 24(b), 71B, 143(1), 154]

Muthu Daniel Ranjan v. ACIT(2023) 222 TTJ 498 (Chennai)(Trib)

S. 24 : Income from house property-Deductions-Interest on loan to repay the original loan-Entitle to deduction-Rental income is offered as to tax as income from house property-Interest paid on loan borrowed for acquisition of property is allowable as deduction. [S. 22, 24(b)]

St. Peterrs Educational Society v. PCIT (2023) 223 TTJ 145 (Chd)(Trib)

S. 10(23C) : Educational institution-Retrospective withdrawal of approval-Approval can be withdrawn only from the date of issuance of the show cause notice-Chairperson-Occupying the house property in lieu of her services-Provision for vehicles for members of the Society-Withdrawal of exemption is not justified. [S. 10(23C)(vi)]

Nalco Co. v. ACIT(2023) 222 TTJ 1002 (Pune) (Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-No evidence was available to ascertain the precious nature of actual services rendered-Matter remanded to the Assessing Officer-DTAA-India-USA. [S. 90, art. 12(4)]

FRD Solutions FZC v. Dy. CIT (2023) 222 TTJ 628 (Mum)(Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-No right in the domain name-Income received from domain name registration is not royalty-Web hosting-Does not constitute royalty-Conducting conference for two days cannot be considered as fixed place of business and excluded from the definition of Permanent Establishment- DTAA-India-UAE. [S. 90, art. 5(3), 7, 12]

Bangalore Metro Rail Corporation Ltd v. Dy. CIT(2023) 223 TTJ 665 (Bang)(Trib)

S. 4 : Charge of income-tax-Joint venture of Central Government and State Government-Rail corporation-Metro rail project-Separate legal entity-Income derived from corporation from business activities could not be said to be income of Karnataka State Government under article 289-Capital or revenue receipts-Sales tax referred-Matter remanded to the Assessing Officer-Interest on fixed deposits-Interest earned from fixed deposits of surplus funds after commencement is taxable though it was received for expansion of the project. [Companies Act, 1956, art. 12, 289]

Ambuja Cement Ltd. v. Addl. CIT (2023) 223 TTJ 427 (Mum.)(Trib.)

S. 4 : Charge of income-tax-Capital or revenue-Sales tax subsidy-Backward area-Capital receipts.

Tapi Jwil JV v.ITO (2023)108 ITR 27 (Delhi) (Trib)

S. 271G : Penalty-Documents-International transaction-Transfer pricing-Neither Assessing Officer nor Commissioner (Appeals) asked to furnish any specific information or documents-Penalty is deleted. [S. 92B,92D(3), 273B]

Rakhi Anant Sawant (Ms.) v.ITO (2023)108 ITR 27 (SN)(Mum)(Trib)

S. 271(1)(c) : Penalty-Concealment-Pendency of quantum appeal before CIT(A)-Assessing Officer at liberty to proceed in accordance with law after decision of pending quantum appeal.

Pradip S. Birewar v. ACIT (2023)108 ITR 56 (SN)(Ahd) (Trib)

S. 271(1)(c) : Penalty-Concealment-Undisclosed income determined based on materials seized during search-Not a case of estimation of income-Penalty is justified.[S. 69, 132, 153A]