Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Greenply Industries Ltd (2025) 476 ITR 347 /304 Taxman 192 (Gauhati)(HC)

S. 4 : Charge of income-tax-Capital or revenue-Excise duty exemption Purpose test formulated by Supreme Court Excise duty exemption granted for purpose of industrialisation and generation of employment in States-Excise duty exemption capital receipt-Book profit-Excise duty exemption availed being in nature of capital receipt and not chargeable to tax under normal provisions cannot be added in book profit. [S.115JB]

PCIT v. Ritum Jain. (2025) 476 ITR 69 (Cal)(HC)

S. 4 : Charge of income-tax-Income or capital-Sales tax incentive received from State Government under West Bengal Industrial Promotion Scheme-Capital receipt-Appellate Tribunal-Power-The Tribunal has the power to entertain a claim of deduction not claimed before the Assessing Officer by filing revised return. [S. 139,254(1)]

CIT v. Meera Goyal (2025) 476 ITR 152 (SC) Editorial : Order of High Court affirmed, CIT v. Meera Goyal (2013] 214 Taxman 298 / (2014) 360 ITR 346/267 CTR 265 (Delhi)(HC)

S. 4 : Charge of income-tax-Forfeiture of earnest money arising out of agreement to sale a property is not liable to tax–Income from other sources-Capital receipt-Advance received under agreement to sell-Forfeited-Receipt would go to reduce cost of acquisition of asset-Cannot be assessed as income from other sources-Appeal of revenue dismissed. [S. 51, 56(2)(vi), Art. 136]

ACIT v. Eagle Films (Mum) ( Trib) www.itatonline .org .

S. 45 : Capital Gains – Sale of Film Rights – Transfer of bundle of rights in 31 cinematographic films held to be transfer of capital assets – Consideration received taxable as capital gains and not as business income. [ S.2(11)(B), 2(14) 28(i), 28(va) 55(2)(a) ]

Fresh Pet Pvt. Ltd. v. PCIT, [2024] 167 taxmann.com 223 / (2025) 475 ITR 269 (Delhi HC).

Direct Tax Vivad se Vishwas Act, 2020

S. 3: Dispute resolution-Fundamental aim to settle matters and issues that existed on the relevant date; not to create liability on issues on which parties were already ad idem-Failure to make requisite disclosures does not defeat reliefs granted in assessment-Designated authority may rectify apparent mistakes in Form 3-Beneficial statutes to be interpreted liberally. [S. 4, 5, Form No. 3; Art. 226]

Veena Estate Pvt. Ltd. v. CIT (2025) 475 ITR 115 / 171 taxmann.com 472 (Bom)(HC) Editorial: Refer Veena Estate (P.) Ltd. v. CIT (2024) 158 taxmann.com 341 / 461 ITR 483 / 336 CTR 688 (Bom)(HC)

S. 271(1)(c) : Penalty-Concealment-Capital gains-Evasion of tax-Construction business-Mere filing of capital account does not amount to full and proper disclosure-Order of Tribunal affirming the penalty was affirmed. [S. 147, 260A, Expln. 1, 271(1)(c)]

CIT (IT) v. Urban Ladder Home Decor Solutions Pvt. Ltd. (2025) 475 ITR 518 / 304 Taxman 155 (Karn)(HC)

S. 195 : Deduction at source-Non-resident payments-Royalty
Payments for online advertisements to FB, AWS, RSC not royalty-No TDS liability-DTAA-India-USA.[S. 9(1)(vi), 201(1), 201(1A), 260A, Art. 12(3)]

CIT v. SRM Systems and Software Pvt. Ltd., (2025) 475 ITR 387 / 171 taxmann.com 764 (Mad.)(HC).

S. 153C: Assessment-Income of any other person-Search-Block assessment-Satisfaction note of searched person not indicating anything against third party assessee-CBDT circular binding on assessing authority-Assessment orders and notices invalid for absence of satisfaction. [S. 132, 158BD, 260A]

Mema Paul and others v. ITO [2024] 164 taxmann.com 778 / (2025) 475 ITR 19 (Manipur)(HC)

S. 153: : Assessment-Reassessment-Limitation –Order of assessment passed on 28-12-2006 but communicated to assessee only on 5-1-2007-Assessment orders dated 28-12-2006 and penalty order dt. 29-6-2007 were barred by limitation-Alternative remedy not absolute bar for issue of writ. [S. 148, 153(1), 153(2), Art. 226

Consulting Engineering Services (India) Pvt. Ltd. v. Assessment Unit, (2025) 475 ITR 375 / 173 taxmann.com 857 (Delhi HC).

S. 153: Assessment-Limitation-Transfer pricing adjustments-Tribunal’s order remitting matter to Assessing Officer dated 21-10-2020 (after 01-04-2019)-Limitation period of twelve months expired on 21-10-2021-Assessment is barred by limitation. [S. 92CA, 153(3); Art. 226]