Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Solar Turbines India Ltd (2020) 272 Taxman 268/ 192 DTR 145/ 316 CTR 172 (Bom)(HC) .Editorial : SLP of revenue is dismissed, PCIT v. Solar Turbines India Ltd (2022)285 Taxman 1 (SC)

S. 92C : Transfer pricing – Arm’s length price – Providing market services to Associated enterprises – Deletion of addition is held to be justified – No question of law [ S.260A ]

C. Sudarsana Srinivasan (HUF) v. ACIT (2020) 317 CTR 908 (Mad) (HC) C. Venkatachakam (HUF) v .ACIT (2020) 317 CTR 908 (Mad )(HC)

S. 45: Capital gains – Year of taxability – Capital gains rightly taxed in which sale deeds were executed in respect of transfer of undivided share of land in favour of nominees of the Developer- Directed the Assessing Officer to give effect to the orders passed by the Tribunal by modifying the orders for the assessment years 1999-2000 upto 2003-04. [ S. 2(47)(v), 147 ]

Prasad Multi Services (P) Ltd. v. Dy. CIT (2020) 423 ITR 542/ 317 CTR 873 (Guj.) (HC)

S. 32 : Depreciation – Cranes used in hiring business- Nomenclature in Motor Vehicle Act can not be test for allowability of depreciation – Entitle depreciation at 30% .

A. Harish Bhat v. ACIT (2020) 317 CTR 957 / 195 DTR 105 / 317 CTR 957 / 269 Taxman 218 (Karn) (HC)

S. 2(35) : Principal officer – Burden is revenue to demonstrate that the assessee is key management personal – Notice served is held to be bad in law [ S. 2(35)(b) ]

EDC Ltd. v. CWT (2020) 191 DTR 397 / 315 CTR 760 (Bom) (HC

Wealth -tax Act , 1957
S. 17 : Reassessment – Limitation – Matter remanded to wealth tax officer for verification [ S .18 (1)(c ) ]

H.M. Sahajhan v. PCIT (2020) 192 DTR 278 (Ker) (HC)

S. 264 :Commissioner – Revision of other orders – Delay in flling the writ petition against revision order – No explanation was furnished – Writ petition was dismssed [ S. 154 , 271(1) (c ), Art , 226 ]

ITO v. Kalimuddin Badnawarwala (2020) 191 DTR 359 / 315 CTR 587 (MP) (HC)

S. 260A : Appeal – High Court – Review –Low tax effect -Audit objection – Appeal decided as per CBDT Circular dt 8 -8 -2019- No error apparent on the face of the record Review petition was dismissed .[ S.268A]

S & P Foundation P. Ltd. v. ACIT (2020) 195 DTR 10 (Mad) (HC)

S. 254(1) : Appellate Tribunal – Duties- Additional income offered -Confirming the levy of concealment penalty without giving an opportunity is held to be bad in law – Matter remanded to the Appellate Tribunal . [ S.271(1)(c)]

Cutchi Memon Union v. Dy. CIT(E) (2020) 195 DTR 351/(2021) 318 CTR 335 (karn) (HC)

S. 254(1) : Appellate Tribunal – Duties- Charitable Trust – Computation of income -Commercial sense – Matter remanded [ S. 2(24), 2(45), 11 ]

CIT v. Rjamahal Silks Partnership Firm (2020) 194 DTR 25 / ( 2021 ) 323 CTR 853 (Karn) (HC)

S. 254(1) : Appellate Tribunal – Duties- Cryptic and suffers from the vice of non application of mind- Matter remanded to the Tribunal . [S.37 (1)]