Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. UAE Exchange & Financial Service Ltd. (2020) 117 taxmann.com 105 (Karn.)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect PCIT v. UAE Exchange Technology (P) Ltd (2020) 272 Taxman 19 (SC)

S. 92C : Transfer pricing-Arm’s length price-Safe Harbour rules-RBI rate to be a bench mark-Second proviso to section 92C(2) which allows +/-5 per cent range to could be applied even in a case where transactions involved were an account of trading in foreign exchange.

PCIT v. Inductis (India) (P.) Ltd. (2020) 114 taxmann.com 319 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Inductis India (P) Ltd. (2020) 270 Taxman 1 (SC)

S. 92C : Transfer pricing-Arm’s length price-Providing internet based medical health related services, a company rendering high end online software solutions, could not be accepted as comparable.

SBS Biotech Unit-I v. PCIT (2020) 114 taxmann.com 99 (Himachal Pradesh)(HC) Editorial : SLP of revenue is dismissed PCIT v. SBS Biotech Unit-I (2020) 270 Taxman 173 (SC)

S. 80IC : Special category States-Substantial expansion-Entitle to deduction.

PCIT v. Yash Associates (2020) 115 taxmann.com 425 /423 ITR 215(Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Yash Associates ( 2019 ) 417 ITR 60 ( St) / (2020) 274 Taxman 103 (SC)

S. 80IB(10) : Housing projects-Undertaken development and construction of housing project on a piece of land which was different from land on which erstwhile promoters had completed construction of houses-Entitle to deduction.

PCIT v. Kewal Real Estate (P.) Ltd. (2020) 113 taxmann.com 623 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Kewal Real Estate (P.) Ltd. (2020) 270 Taxman 175 (SC)

S. 80IB(10) : Housing projects-Date of completion of construction
-Separate project-Separate approval was granted-Entitle to exemption.

CIT v. Global Estate (2020) 114 taxmann.com 95 (MP)(HC) Editorial : Operation of the High Court order is stayed Global Estate v. CIT (2020) 270 Taxman 178 (SC)

S. 80IB(10) : Housing projects-Completion certificate-Issuance of completion certificate after cut-off date by Local Authority but mentioning date of completion of certificate before cut-off date did not fulfil condition specified in clause (a) of section 80-IB(10) read with Explanation (ii)-Not entitle to deduction. (Order of High Court is stayed)

CIT v. Rajkot Jilla Gayatri Parivar Trust (2020) 117 taxmann.com 121 (Guj.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Rajkot Jilla Gayatri Parivar Trust (2020) 272 Taxman 99 (SC)

S. 80G : Donation-Registration-Religious nature-Granting registration is held to be valid. [S. 80G(5)]

CIT (E) v. Seth Vinod Kumar Somani Charitable Trust (2020) 113 taxmann.com 142 (P. & H.) (HC) Editorial : SLP of revenue is dismissed, CIT(E) v. Seth Vinod Kumar Somani Charitable Trust (2020) 269 Taxman 59 (SC)

S. 80G : Donation-Exemption cannot be denied on the ground that the assessee is generating surplus and spending only the small portion for charitable purposes-Order of Tribunal is affirmed. [S. 12AA, 80G(5)(vi)]

CIT v. Zila Sahkari Bank Ltd. (2019) 112 taxmann.com 403 (All.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Zila Sahkari Bank Ltd (2020) 269 Taxman 55 (SC)

S. 80 : Return for losses-Return filed under old form-Carry forward of loss cannot be denied. [S.139(1)]

Torrent Finance (P.) Ltd. v. ACIT (2020) 115 taxmann.com 256 (Guj.)(HC) Editorial : SLP of revenue is dismissed, ACIT v. Torrent Finance (P.) Ltd (2020) 272 Taxman 190 (SC)

S. 73 : Speculation business-Dividend income-Stock in trade-Can be set off against loss suffered in share trading business. [S. 56, 70, 71]