Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Vikas Oberoi (2017) 396 ITR 215 / ( 2020) 115 taxmann.com 260 (Bom.) (HC) Editorial : SLP is dismissed due to low tax effect ,CIT v. Vikas Oberoi (2017) 393 ITR 74 (St.)/ (2020) 115 taxmann.com 261 /272 Taxmann.188 (SC)

S. 2(22)(e) : Deemed dividend—Share application money received by companies from other companies—Additions cannot be made as deemed dividend.

Bhimaas Engineering and Projects Pvt Ltd v. Dy CIT ( 2021) 430 ITR 519 ( Mad) (HC) Ind Mark Properties P .Ltd v. ACIT ( 2021) 430 ITR 500 ( Mad) (HC)

Direct Tax Vivad Se Vishwas Act , 2020

S. 4: Filing of declaration and particulars to be furnished – Disputed tax – Pendency of Appeal before High Court – Permission to withdraw the appeal was granted –Given liberty to restore the appeal in the event the ultimate decision is taken on the declaration is against the assessee. [ S.260A ]

Garsim Industries Ltd v .DCIT ( 2021) BCAJ – January -P. 47 ( Mum) (Trib)

S. 244A : Refund – Interest on refunds – Un paid amount of tax the assessee entitle to interest this would not amount to granting interest on interest . [ S.244A(1) (b) ]

Tata Elxsi Ltd v. JCIT ( 2021) BCAJ- January – P 46 ( Bang) (Trib)

S. 80JJAA : Employment of new workmen – Exemption cannot be denied when the employees fulfilled the condition of being employed for 300 days for the year under consideration , even though such employees do not fulfil the condition of being employed for 300 days in the immediately preceding assessment year .

DCIT v. B.E.Billimoria & Co Ltd ( 2021 ) BCAJ-January -P 48 ( Mum) (Trib)

S. 50 : Capital gains – Depreciable assets – Block of assets – Expenditure incurred on account of stamp duty , registration charges and society transfer fee , as per contractual terms is an allowable expenditure [ S.45, 50(1)(i) ]

Dineshkumar Verma v .ITI ( 2021 ) The Chamber’s Journal – January -P 123 ( Mum) (Trib)

S. 44AD :Presumptive taxation- Once business income is offered on the presumption taxation , separate addition cannot be made as cash credits [ S.68 ]

AnandKumar v .ACIT ( 2021) The Chamber’s Journal – January -P 113 ( Mad ) (HC)

S. 44AD :Presumptive taxation- Presumptive taxation is not applicable to interest and remuneration received by a partnership firm [ S.28(v), 40(b) ]

Vedanta Ltd v. JCIT ( 2021 ) BCAJ-January P. 58 ( Mad) (HC)

S. 37(1) : Business expenditure – Provision made for site restoration is a contingent liability – Allowable as deduction on the principle of commercial expediency .[ S.145 ]

CIT v. Bicon Ltd ( 2021) The Chamber’s Journal – January – P 115 ( Karn) (HC)

S. 37(1) : Business expenditure – Discount in issue of ESOP is an allowable deduction – Contingent liability .[S.4, 143(3) 145, Companies Act , 1956 , S. 2(15A) ]

State of U.P. v. Sudhir Kumar Singh (SC), www.itatonline.org

Interpretation -Natural Justice – There is a clear distinction between cases where there was no hearing at all and the cases where there was mere technical infringement of the principle