Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 / 211 TTJ 230 / 201 DTR 209 (Delhi)(Trib.)

S. 32 : Depreciation-Computer software-Intangible asset-Entitle to depreciation at 60%.

Dy. CIT(E) v. Punjab Medical Foundation Charitable Trust (2021) 86 ITR 495 (Chad.)(Trib.)

S. 11 : Property held for charitable purposes-Running Hospital, Pharmacy and Diagnostic Centre-Maintaining separate books of account-Receiving subsidies from Government-Denial of exemption was not justified. [S. 2(15), 12AA, 13]

ACIT(E) v. India Habitat Centre (2021) 86 ITR 290 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-No changes in the nature of activities-Principle of consistency should be followed-Mutuality-Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous. [S. 2(15) 12, 12A, 13]

Hitech Corporation Ltd ( Formerly Known as Hitesh Plast Ltd ) v. ACIT ( Bom)( HC) www.itatonline .org.

S.147: Reassessment – After the expiry of four years – Change of opinion – Subsidy – Provision for expenses – Query raised during assessment proceedings – Reply filed – It is not necessary that the assessment order should contain reference or discussion in the assessment order -Order was quashed – Court observed that the order of disposal of objections in to 21 pages and referring 68 case laws without referring the issue under consideration – Faceless Assessing Officer has only wasted his time in writing unsustainable order on objections . [ S. 4, 37(1)), 143(3), 148 ,Art , 226 ]

L.G.Electronics India ( P) Ltd v .PCIT ( 2022 ) 134 taxmann.com 330 ( SC) Editorial : Oder of Tribunal in L.G. Electronics India ( P) Ltd v. ACIT ( 2017) 83 taxmann.com 179/ 187 TTJ 470 ( Delhi ) ( Trib) , set aside .

S. 263 : Commissioner – Revision of orders prejudicial to revenue -capital or revenue receipt – Subsidy – Order of the Assessing Officer accepting the receipt as capital receipt was ex facie erroneous and potentially prejudice to revenue – Order of the High Court remanding the matter to the Assessing Officer was affirmed [ S. 4 ]

PCIT v. Mahila Real Estate (P) Ltd ( Raj) (HC) . www.itatonline .org

S. 148 : Reassessment –Notice – No valid service – Reassessment was bad in law – Service of notice on Advocate , Chartered Accountant or an employee not authorised is not an valid service . [ S. 292BB , CPC 1908 Order ,5 ]

Tata Capital Financial Services Limited v. ACIT (2022) 443 ITR 127 /212 DTR 55/ 325 CTR 57/ 287 Taxman 1(Bom)(HC) www.itatonline .org

S. 147: Reassessment – Revenue directed to guidelines for reassessment – CBDT to issue guidelines to its officers based on the Order with clear instructions which are to be strictly followed. [S. 148 , 149, 150, 151, Art , 226 ]

Infosys Bpm Ltd. v. Dy. CIT (2021) 87 ITR 193 ( Bang) (Trib)

S. 10A : Free trade zone – Export turnover – Communication expenses is to be deducted from both export turnover and total turnover.

Mahalingam Chandrasekar v. CCIT (2021) 439 ITR 698 (Mad.)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Failure to file return within stipulated time-Issue of summons was only for one year-Reasons Remanded to the Commissioner for fresh consideration. [S. 139(1), 279(2), Art. 226]

Subex Ltd. v. CIT (2021) 439 ITR 495 / 2022) 285 Taxman 350 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amortisation of preliminary expenses-Granted in initial year of expenditure-Deduction cannot be withdrawn in subsequent year. [S. 35D]