Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Anthony John Pereira (2020)425 ITR 134/ 195 DTR 168/ 317 CTR 920 / 272 Taxman 138 (Bom) (HC)

S.2(14)(iii): Capital asset-Agricultural land-Land in Village within Municipality — Village having population less than specified ten thousand — Land was agricultural — Profits from sale of land is exempt [ S .2(14)(iii) (a), 10(1),45 ]

Deem Roll-Tech Ltd. v. DCIT (2020) 78 ITR 45 (SN)(Ahd) (Trib)

S. 271(1)(c) : Penalty – Concealment- — Furnishing inaccurate particulars of income — Sufficient interest-free funds available with Assessee — Interest expenses not disallowable – Mere wrong claim does not tantamount to furnishing of inaccurate particulars of income or concealment of income — Penalty not leviable in such cases.

AVV Enterprises P. Ltd. v .DCIT (2020) 78 ITR 60 (SN)(Delhi) (Trib)

S.234E : Fee – Default in furnishing the statements – Provision prospective — No demand could be made for AYs prior to 1-6-2015.[ S.200A(1) ( c ) ]

ACIT v. Wipro Ltd. (2020) 78 ITR 70 (SN)(Bang)(Trib)

S. 206AA : Requirement to furnish Permanent Account Number (PAN) – Provision for deduction at higher rate where recipient fails to provide PAN — Provision cannot override beneficial provisions of DTAAs — Assessee not liable to deduct tax at higher rates in spite of failure by non-resident to furnish PAN [ S.90(2)]

Barnala Steel Industries Ltd. v. JCIT (2020) 78 ITR 29 (SN) (Delhi) (Trib)

S. 201 : Deduction at source – Failure to deduct or pay – Failure to deduct tax from interest paid on loan — Whether recipient filed its return and declared interest amount in its income and paid due taxes — Assessee to prove before AO — Issue restored to AO to prove this contention. [ S. 194A ,201(IA) ]

DCIT v .Palm Tech India Ltd. (2020) 78 ITR 4 (SN)(Mum) (Trib)

S. 148 : Reassessment – Notice — Validity — Amalgamation of companies — Effect — Amalgamating company ceases to exist — Factum of amalgamation brought to notice of AO — Reassessment proceedings against amalgamating company — Not valid [ S.147 ]

ACIT v .Thiagarajar Mills Ltd. (2020) 78 ITR 8 (SN) / (2021) 186 ITD 279 (Chennai) (Trib)

S. 145A : Accounting — Valuation of stock — Change in method — Assessee changing method of valuation – Cost or market value whichever is lower method — Changed method consistent with mandatory AS 2 — No need to apply changed method to opening stock of finished goods — Changed method valuation to be applied to all components of inventory

Century Link Technologies India Pvt. Ltd. v. DCIT (2020) 78 ITR 71 (SN) (Bang) (Trib)

S. 80JJAA : Employment of new workmen —Provisions as existing before 1-4-2016 applicable to earlier years — AO to apply provisions as applicable to each of the earlier years

Balasinor Vikas Co-Operative Credit Society Ltd. v. DCIT (2020) 78 ITR 15 (SN)(Ahd) (Trib) Shri Jalaram Mahila Co-Operative Credit Society Ltd. v. DCIT (2020) 78 ITR 15 (SN)(Ahd) (Trib) Anand Catholic Co-Operative Credit Society Ltd. v. DCIT (2020) 78 ITR 15 (SN)(Ahd) (Trib)

S. 80P: Co-operative Society —Interest earned from scheduled bank — Not deductible — Net interest from deposits with scheduled bank to be excluded from deduction -Interest earned from Co-operative bank or society— Deduction allowable on net interest- Receipt by society from its members towards form fee — Attributable to and arising from Assessee’s day-to-day activities — Deductible-Standard deduction allowable . [ S.80P(2)(a), 80P(2)(c), 80P(2) (d) ]

R. G. Consultants P. Ltd. v. DCIT (2020) 78 ITR 37 (SN)(Delhi) (Trib)

S. 69 : Unexplained investments – Undisclosed cash — Money changer — Business requirements — Cash bundles carrying tag of another bank — Common practice — Cash books written day-to-day basis but in practice always a time gap between book entries — No defect pointed out by Assessing Officer in books of account of assessee — addition on basis of suspicion and surmises not justified.