Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Enanalloor Service Co-Operative Bank Ltd. v. ITO(Int) (2020) 426 ITR 180 / 194 DTR 189/(2021) 276 Taxman 368 (Ker) (HC)

S. 133 : Power to call for information – Survey – Notifications Dt. 19-8-2011 and 1-11-2011 -ITO (Intelligence) has power to issue notices to Co-Operative Banks [ S.120, 133(6) ]

V. V. Minerals (NO. 2) v. PCIT (2020) 426 ITR 36 / 315 CTR 685/ 272 Taxman 207/ 191 DTR 127 ( Madurai) (Mad) (HC) Editorial: Order of Single judge is affirmed V. V. Minerals (NO. 1) v. PCIT (2020) 426 ITR 23 / 315 CTR 696 /191 DTR 139( Madurai) (Mad) (HC)

S. 127 : Power to transfer cases – Order of transfer not challenged till Issuance of notice- Delay not explained — Opportunity given to file objections not utilised – Transfer of case for centralisation of cases to facilitate investigation — Order need not be interfered with. [ S.127(2) 132 , 153A ]

Yokogawa India Ltd. v. Dy. CIT (LTU) (2020) 425 ITR 648/ 273 Taxman 520 (Karn)(HC)

S. 115JB : Book profit – Brought forward loss or unabsorbed Depreciation —Non-consideration of claim for deduction- Matter Remanded Tribunal [ S.10A ]

CIT v . GMR Industries Ltd. (2020) 425 ITR 504/ 194 DTR 52 (Karn) (HC)

S. 115JB : Book profit – Prior period expenditure not deductible — Assessing Officer has limited power to make changes — Deletion of addition was held to be not justified . [ S.115J ]

Mehsana District Co-Operative Milk Producers’ Union Ltd. v. Dy. CIT (2020) 426 ITR 96 (Guj)(HC)

S.92C : Transfer pricing —Safe harbour — Exercise of option — Assessing Officer not passing order and declaring that exercising of option was invalid — Option exercised by assessee to be treated as Valid [ S.92CA , 92CB Art, 226 ]

Shri Vitthalray Souharda Pattin Sahakari Niyamit v. UOI (2020)426 ITR 457 / 121 taxmann.com 300/ 277 Taxman 276(Karn)(HC)

S. 80P : Co-operative societies – Society Registered Under Karnataka Act of 1997 falls within definition of Co-operative society- Entitled to [ S.2(19) Art. 14, 19(1) (c ), Karnataka Souharda Sahakari Act, 1997 , Karnataka Co-operative Societies Act, 1959 )

K. 2058, Saravanampatti Primary Agricultural Co-Operative Credit Society Ltd. v. ITO (2020)426 ITR 251 / 187 DTR 185/ 313 CTR 459/ 275 Taxman 87 (Mad)(HC)

S. 80P : Co-operative societies – Interest on statutory reserves —Deduction denied without speaking order — Assessment orders held to be not valid- Mutuality- Whether principle of mutuality is applicable or not is pending before Supreme Court hence the assessees had to file a statutory appeal before the CIT (A)-.Directed to file appeals [S.143(3) , Art .226 ]

PCIT v. S-1308 Ammapet Primary Agricultural Co-Operative Bank Ltd. (2020) 426 ITR 244 (Mad)(HC)

S. 80P : Co-operative societies – Member – Share holding member and associate member – Assessing Officer cannot draw distinction between shareholding members and associate members — Entitle to deduction [S.80P(4)(b) , Tamil Nadu Co-Operative Societies Act, 1983, S. 2(16) ]

PCIT v. Electro Urban Co-Operative Credit Society Ltd. (2020) 426 ITR 215/ 273 Taxman 437 (Cal)(HC)

S. 80P : Co-operative societies – Amount transferred to reserve fund which were invested in approved securities — Interest earned is entitled to – Matter remanded. [S.80P(2)(d), West Bengal Co-operative Societies Act, 2006, S 79, 82 ]

PCIT v .Majestic Developers (2020) 426 ITR 175 / 122 taxmann.com 123 (Karn)(HC),Editorial: SLP of revenue dismissed , PCIT v. Majestic Developers ( 2021 ) 278 Taxman 187 (SC)

S. 80IB(10) : Housing projects- Completion of project within specified time —Certificate of registered certified Architect sufficient. [ S.147 , Karnataka Municipal Corporations Act, 1976. S.310 ]