Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


UHDE India (P.) Ltd. v. ACIT (2021) 190 ITD 777/ 211 TTJ 339 (Mum.) (Trib.)

S. 145 : Method of accounting-Business of supply of processes, designing, construction etc.-completed contract method of accounting-Rejection of books of account is held to be not justified.

DCIT v. Adarsh Industrial Estate (P.) Ltd. (2021) 190 ITD 878 (Mum.) (Trib.)

S. 145 : Method of accounting-Project completion method of accounting-Builder-Revised Guidance Note of 2012 issued by ICAI-25% of on money was taxed on receipt basis was deleted-On money has to be assessed as business receipts and not as cash credits. [S. 68]

Sohan Lal Aggarwal v. ACIT (2021) 190 ITD 850 (Delhi)(Trib.)

S. 145 : Method of accounting-Sale proceeds-Difference between books of account and as per TDS certificate-Only embedded portion of profits was to be taken into-addition cannot be made of entire turnover. [S. 69A]

Jaswantlal J. Shah v. ACIT (2021) 190 ITD 157 (Mum.)(Trib.)

S. 127 : Power to transfer cases-Transfer of case from one Assessing Officer to another Assessing Officer within same city-No statutory requirement for notice or prior intimation to be given to assessee. [S. 127(3)]

Singareni Colleries Company Ltd. v. ACIT (2021) 190 ITD 917 (Hyd.)(Trib.)

S. 115WB : Fringe benefits-Agreement to provide free electricity to employees-Justified in making an addition in hands of assessee towards Fringe benefit tax on account of expenditure pertaining to staff towards electricity consumption.

Bajaj Sons Ltd. v. (2021) 190 ITD 128 / 91 ITR 498 (Chd.)(Trib.)

S. 115BBE : Tax on specified income-Search and seizure-Surrender of income-Amount surrendered cannot be taxed at higher rate of tax. [S. 68 to 69D]

Amadeus India (P.) Ltd. v. ACIT (2021) 190 ITD 253 (Delhi)(Trib.)

S. 92B : Transfer pricing-International transaction-AMP expenses-Advertising, marketing and promotion-Domestic parties-Not international transaction-Addition was directed to be deleted.

Vamsee Krishna Kundurthi v. ITO (2021) 190 ITD 68 (Hyd.)(Trib.)

S. 90 : Double taxation relief-Salary-Tax Residency certificate-Salary income from Australia cannot be taxed in India-DTAA-India-Australia. [S. 5(2), 9(1)(1), 10, Art. 15]

DCIT v. Zydus Infrastructure (P.) Ltd. (2021) 190 ITD 652 (Ahd.) (Trib.)

S. 80IAB : Undertaking-Development of Special Economic Zone-Developer-Operation and maintenance-Entitle to deduction.

Shirmoni Gurdwara Parbandhak Committee v. CIT (2021) 190 ITD 888 (Amritsar)(Trib.)

S. 80G : Donation-Statutory body created under Sikh Gurudwara Act, 1925-Religious purposes-Engaged in numerous charitable activities like running School, colleges, Medical colleges, Hospitals, Library, Sarai, Lunger, flood relief camps etc.-Entitle to benefit under section 80G(5)(iii) of the Act. [S. 80G(5)(iii)]