Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. ACCEL Ltd. (2020) 429 ITR 36 / 273 Taxman 424 (Mad.)(HC)

S. 2(22)(e) : Dividend-Deemed dividend-Loan by subsidiary company to holding company-Business purposes-Loan cannot be treated as deemed dividend-No question of law. [S. 260A]

Bhind District Co-Operative Central Bank Ltd. v Income-Tax Department (2019) 177 DTR 196/309 CTR 316/ (2020)429 ITR 121 (MP) (HC)

S. 43D : Public financial institutions -Accrual of income — Non-Banking financial company —Interest on non-performing assets — Cannot be assessed on accrual basis . [ S. 36(1) (vii), 36(1)(viia) ]

Anil Kumar Nevatia v.ITO ( 2021) The Chamber’s Journal – February – P. 165 ( ( Cal) (HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – For computing the period of limitation the date of service of the order to be considered and not the date of the order [ S.254(3)]

Seema Jain ( Smt) v. PCIT ( 2021) The Chamber’ s Journal – February – P. 170 ( MP) (HC)

S. 237 : Refund -Excess deposit of advance tax – Mistake in the preparation of challan – Refund can be claimed only after due course of law . [ Art . 226 ]

State Bank of India v .ACIT ( 2021) 123 taxmann.com 447 ( Mum) (Trib)

S. 192 : Deduction at source – Salary – Leave travel allowance – Failure to deduct at source – Travel to foreign country and as well as to destinations in India in a composite itinerary -Cannot be considered as assessee in default for failure to deduct tax at source [ .S.10(5) ]

DIT v. Autodesk Asia Pvt Ltd ( 2020) 275 Taxman 319/ 120 taxmann.com 324 / ( 2021) The Chamber’s Journal – February -P. 167 ( Karn) (HC)

S. 90 :Double taxation relief – Notification dated 18 -7 -2005 – Reducing the tax rate from 15% to 10% – Applicable for the entire year – DTAA- India – Singapore [ Art . 12 ]

Maninder Singh v. ACIT ( 2021) BCAJ- February -P.47 ( Delhi) (Trib)

S. 56 : Income from other sources – Award received in recognition of services to Indian Cricket From BCCI is exempt [ S. 12AA,56(2))(vii) ]

PCIT v.Dr. Ranjan Pai ( 2021) The Chamber’s Journal – February – P. 168 ( Karn) (HC)

S. 56 : Income from other sources – Bonus shares – Fair market value of the bonus shares computed as per Rule 11U and IIUA of the Income -tax Rules cannot be assessed as income from other sources [ S.56(2)(vii)(c )]

Ranchodbhai C.Patel v.ITO ( 2021) 186 ITD 523/ 123 taxmmann.com 215 ( Surat ) (Trib)

S. 55A : Capital gains – Reference to valuation officer – Finance Act, 2012 , w.e.f 1-7 2012 –Value as on 1 -4-1981 – Less than fair market value – Operates prospectively [ S.45 ]

Maria Fernandes Cheryl v. ITO ( 2021) BCAJ – February – P. 47 ( Mum) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Insertion of the proviso and subsequent enhancement in its limits to 10% – Curative in nature – Relates back to the date when the statutory provision of section 50C was enacted . i. e . 1 st April , 2003 [ S.43CA, 45, 56 ]