Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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 ]

Vardhman Holdings Ltd. v .CIT (2020) 425 ITR 253 (P&H)(HC)

S. 80HHC : Export business -Computation of profits — Common Expenditure for eligible and non-eligible units — Expenditure to be apportioned.

ISPAT Projects Ltd. v. CIT (2020) 425 ITR 459/ 190 DTR 355/ 315 CTR 641/ 272 Taxman 193 (Cal)(HC)

S.80HHC: Export business -Export turnover Fluctuation in foreign exchange rates —Part of export turnover and total turnover [ S.80HHC (2) Art , 226 ]

Sushil Bansal v. PCIT (2020) 426 ITR 535 (Delhi)(HC)

S. 69C : Unexplained expenditure – Capitation fee paid to medical college for admission of assessee’s son — Source not explained satisfactorily- Addition is held to be justified .

PCIT v. Hassan Ali Khan (2020) 426 ITR 556 (Bom)(HC)

S. 69C : Unexplained expenditure -Presumption as to documents seized from third party of drafts on Foreign Bank in name of company — Documents not seized from possession of assessee —Amount of draft cannot be treated as unexplained expenditure. [ S. 132, 292C ]

Kumar Nirman and Nivesh Pvt. Ltd. v. ACIT (2020)425 ITR 486 (Karn)(HC )

S.68: Cash credits —Must prove identity of creditor, Creditworthiness and genuineness of transaction — Source of source need not be proved — Duty of Income-Tax Authorities to conduct enquiry —No Enquiry by Income-Tax Authorities — Addition not justified .

Kemfin Services Pvt. Ltd. v .ACIT (2020)425 ITR 684/ 315 CTR 336/ 272 Taxman 372/191 DTR 225 (Karn)(HC)

S.45:Capital gains- Business income — Non-Banking financial Institution — Conversion of shares and securities held as stock-in-trade into investment — Sale of shares — Income cannot be assessed as business income [ S. 4, 28(i)]

PCIT v. Mangalore Refinery and Petrochemicals Ltd. (2020)426 ITR 266/ 272 Taxman 441/191 DTR 47 / 316 CTR 842(Bom)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -State Government scheme for deferment of sales tax and Treating amount as loan for specified period — Surplus on account of prepayment of loan —Amount not assessable as income [ S.4, 28(i) ]

PCIT v. Gujarat State Financial Corporation (2020) 426 ITR 47 / ( 2021 ) 277 Taxman 99 (Guj)(HC).Editorial : SLP of revenue dismissed , PCIT v. Gujarat State Financial Corporation ( 2021 ) 280 Taxman 234 / 126 Taxmann.com 154 (SC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Waiver of loan — Neither the component of interest embedded therein nor the amount claimed as deduction earlier —Not assessable as business income