Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Rajat Finevest ( 2023) BCAJ -March – P. 48 ( Delhi)(HC)

S. 45 : Capital gains – Long term capital gains – Unaccounted income –Purchases accepted as genuine – Shares were traded on stock exchange after paying securities transaction tax and money had been received through banking channels – Capital gains cannot be assessed as bogus long term capital gains- Deletion of addition by the Tribunal is affirmed [ S. 10(38) 133A 260A ]

Mukesh Nanubhai Desai v . ACIT (2022)96 ITR 258 (Surat) (Trib)

S. 10(38) : Long term capital gains from equities – Sale of shares – Securities transactions tax was paid – Mere presumptions and suspicion – Exemption cannot be denied [ S. 45 ]

Mukesh Nanubhai Desai v . ACIT (2022)96 ITR 258 (Surat) (Trib)

S. 10(2A) : Share income of partner – Details of partners with their PAN copy of returns of firm with computation of income was furnished – Partner entitled to exemption .

Charu Aggarwal (Smt.) . Dy. CIT (2022) 96 ITR 66 (Trib) (Chd)( Trib) Kalaneedhi Jewellers LLP v. Dy. CIT (2022)96 ITR 66 (Trib) (Chd)( Trib)

S. 68 : Cash credits – Demonetization – Cash deposited – Cash sales – Demonization -Addition as undisclosed income was not justified- Construction of showroom -Difference in valuation was less than 10 percent – Addition was deleted [ S. 69 , 153A ]

Ultimate Infratech P. Ltd. v. NFAC (2022) 213 DTR 249 / 326 CTR 547 (Delhi)(HC)

S. 270AA : Immunity from imposition of penalty,etc- Order was set aside-Directed to grant immunity. [S. 270A, 270AA(2), Art. 226]

Tata Teleservices Ltd. v. CIT (2022) 216 DTR 286 / 328 CTR 481 / 145 taxmann.com 142/(2023)451 ITR 331 (Delhi)(HC)

S. 226 : Collection and recovery – Modes of recovery – Stay – Failure to deduct tax at source-Interest payment made to foreign bank-No financial hardship-Directed to deposit 20 per cent of total demand-DTAA-India-China. [S. 201(1), 201(IA), Art. 11(3), Art. 226]

Aryan Management Service (P) Ltd. v ITO (2022) 217 DTR 438 / 328 CTR 728 (Delhi)(HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Non-sharing of material information on the basis of which reassessment proceedings are undertaken isviolative of the Act and denies an effective opportunity to the assessee to file a response to the same. [S. 148, 148A(b), 148A(d), Art. 226]

Yellaiah Setty v. ACIT (2022) 327 CTR 600 / 143 taxmann.com 326 / 216 DTR 128 (Telangana) (HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice-Show cause notice-Writ petition was dismissed. [S. 148, 148A(b) 148A(d), Art, 226]

Thiyangarajan Venkatraman v. ITO (2022) 214 DTR 377 / 327 CTR 66 (Mad.)(HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Principles of natural justice-Assessee filed explanation to 148A(b) notice along with documents and sought time file additional documents in support of the explanation-Time sought by the assesse was not granted and 148A(d) order was passed denying filing of documents in response to 148A(b)-Matter remitted back. [S. 148A(d), Art. 226]

Sylph Technologies Ltd. v. PCIT (2022) 218 DTR 436/ 329 CTR 244/ 2023) 451 ITR 495 (MP)(HC)

S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Order passed under section 148A(d) is not a final adjudicating order but a preliminary order – Assesse is entitled to full opportunity to raise objections during the course of reassessment proceedings – Petition was dismissed as premature.[S. 148A(b), 148(a)(d), 149, Art, 226]