Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Bonfiglioli Transmission Pvt. Ltd. v. Dy.CIT (2021) 437 ITR 251 (Mad.)(HC)

S. 92CA : Reference to transfer pricing officer-Alternative remedy-Writ is not maintainable-Corporate service-The order passed by the Tribunal in respect of reference made against an order passed under section 92CA for a particular assessment year was not binding for the subsequent assessment years. [S. 144C, 253, Art. 226]

Virtusa Consulting Services (P) Ltd. v. Dy. CIT (2021) 282 Taxman 95/ 208 DTR 386/( 2022) 325 CTR 307 (Mad.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Foreign Associated enterprises-Tested party-Matter remanded back to TOP. [S. 260A]

CIT v. Tweezerman (India) Pvt. Ltd. (2021) 437 ITR 80 / 208 DTR 295/ 323 CTR 781 (Mad.)(HC)

S. 92A : Transfer pricing-Associated enterprises-Arm’s length price-Arranged price-Deletion of addition was set aside-Tribunal’s order as regards the value of scrap sales and the levy of interest and the 5 per cent. of interest income taken as expenditure was up held. [S. 10B, 92A(1), 92CA(3)]

PCIT v. Ettumanoor Service Co-Operative Bank Ltd. (2021) 437 ITR 305 (Ker.)(HC)

S. 80P : Co-operative societies-Interest on deposits-Entitle to deduction. [Kerala Societies Registration Act, 1860, S. 2(19)]

PCIT v. Ponkunnam Service Co-Operative Bank Ltd. (2021)437 ITR 195 (Ker) (HC)

S. 80P : Co-operative societies-Entitle to deduction-Matter remanded.

CIT v. Shanmugham Muthu Palaniappan (2021) 437 ITR 276 (Mad.) (HC)

S. 80IB(10) : Housing projects-Open terrace of building not to be included for computation of built-up area-Time limit for completion of project-Date of approval of building plan and not date of lay-out-Completion Certificate issued by local panchayat would satisfy the requirement-Entitled to deduction. [S. 80IB(10)(b)]

CIT v. Rishabh Infopark (P) Ltd. (2021) 282 Taxman 143 (Mad.)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-software technology park-Lease rentals-Assessable as business income-Eligible for deduction. [S. 28(i)]

Sundaram Non-Conventional Energy Systems Ltd. v. ACIT (2021)438 ITR 124 (Mad.)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-Splitting up or Reconstruction of existing business-Previously used-Generation and distribution of electricity-Leasing windmills-Lease does not amount to transfer-Entitle to deduction. [S. 80IA(3)]

M. George Joseph v. Dy. CIT (2021) 282 Taxman 386 / 206 DTR 51 / 322 CTR 563 / ( 2022) 440 ITR 589 (Karn.)(HC)

S. 54F : Capital gains-Investment in a residential house-Relevant is date of acquisition of property and not on date of payment-It is not necessary that same sale consideration should be used for construction of a new house property-Allowed exemption.-Interpretation of taxing statutes- Beneficial provision -Interpreted liberally . [S. 45]

CIT v. Venkata Dilip Kumar (2021) 437 ITR 137 (Mad.)(HC) Editorial : Decision of single judge in Venkata Dilip Kumar v. CIT (2019) 419 ITR 298 (Mad) (HC), affirmed.

S. 54 : Capital gains-Profit on sale of property used for residence-Additional cost-On appeal to division bench from order of single judge-Appeal became infructuous. [S. 48, Art. 226]