Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S .14A : Disallowance of expenditure – Exempt income – In the absence of dividend income – No disallowance can be made [ R.8D ]

CIT v. Maharshi World Peace Trust (2020) 190 DTR 389/ 315 CTR 469 (MP) (HC)

S. 12AA : Procedure for registration –Trust or institution-Genuiness of Trust is established – No mandate to get registration under MP Public Trust Act , 1951 – Order of Tribunal is affirmed .[MP Public Trust Act 1951 ]

Sri Ram Samaj v. JCIT (2020) 275 Taxman 309 / 194 DTR 177 (Mad.)(HC)

S. 11 : Property held for charitable purposes – Engaged in running educational institutions and providing medical relief to poor – Running community hall – Entitle to exemption [ S. 2(15), 11(4A)]

CIT v. Tata Consultancy Services (2020) 317 CTR 124 (Bom) (HC)

S. 10A : Free trade zone – Profits of business – Total turnover – Export turnover- Claiminng deduction u/s 80HHE earlier cannot be bar to claim deduction u/s 10A of the Act [ S.80HHE ]

Sumangal Gems v. Dy.CIT (2020) 84 ITR 40 (Jaipur)(Trib.)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Surrendering additional income-Appeal not filed-Levy of penalty at 10% is held to be justified-Difference in valuation as per books and Department valuer-Levy of penalty is not justified. [S. 132, 153B(1)(b)]

Rajendra Kumar Jain v. ACIT (2020) 84 ITR 325 (Jaipur)(Trib.)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Undisclosed income-Cash seized-Past savings of other family members–Inherited jewellery-Advances given to for purchase of land-Deeming fiction cannot be applied-Levy of penalty is held to be not justified. [S. 69, 69B, 132(4)]

ACIT v. Sanjiv Gupta (2020) 84 ITR 29 (Delhi)(Trib.)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Concealment-Additions deleted-Penalty does not survive-Notice not mentioning specific limb of explanation-Penalty not imposable. [S. 274]

MBL Infrastructure Ltd. v. Dy.CIT (2020) 84 ITR 189 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue Infrastructure undertaking-Assessing Officer taking plausible view-Revision is held to be not valid. [S. 80IA]

HI-Tech Estates and Promoters Pvt. Ltd. v. PCIT (2020) 183 ITD 690/84 ITR 10/207 TTJ 209 (Cuttack)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Method of accounting-Construction company-Percentage competition method-Mandatory from assessment year 2017-18-Revision is held to be not valid. [S. 43CB]

I Q City Foundation v. ACIT (2020) 84 ITR 212 / (2021) 186 ITD 555 (Kol.)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Recording satisfaction note by Assessing Officer that material recovered in search related to assessee is mandatory-Assessment made solely on basis of statement recorded during survey of another company without furnishing copy of statement or allowing it opportunity to cross-examine deponent-Statement recorded during survey-Assessment without jurisdiction. [S. 132, 132A, 153A]