Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pabitra Banerjee v. ITO (2020) 79 ITR 480 (Cuttack ) (Trib)

S. 143(3) : Assessment – Bogus purchases – Purchase and sales matching figures certified by sales tax department and value added tax Return – No addition could be made on basis of earlier tentative figure shown as per sales tax department – Contribution to provident fund – Matter remanded . [ S. 37(1) ]

Manoj Kumar v. ACIT (2020)79 ITR 158 / 195 DTR 105/207 TTJ 48 ( Delhi )(Trib)

S. 143(2) : Assessment – Notice issued beyond period of limitation is held to be not valid .[ S.292BB ]

Lotus Labs P. Ltd. v. Dy. CIT (2020)79 ITR 295 (Bang) (Trib)

S. 92C : Transfer pricing – Arm’s length price — Outstanding sum of invoices akin to loan advanced- Credit of tax deduction at source – Matter remanded .[ S.92B(2) ]

Sreenivasa Reddy Cheemalamarri v. ITO (2020)79 ITR 465(SMC) (Hyd) (Trib)

S. 90 :Double taxation relief –Non resident – Salary and allowances earned in respect of employment rendered in Austria – Entitle to exemption – Non-production of tax residency certificate cannot be a Reason not to grant benefit of DTAA – DTAA- India – Australia [ S.5(2) , 90(4), Art. 15(1) ]

Satern Griha Nirman P. Ltd. v. ITO (2020) 79 ITR 359 (Kol) (Trib)

S. 80IB(10) : Housing projects- Interest on bank deposits – Transfer fee and interest received for delay in payment against flat – Eligible deduction – Net interest can be disallowed .

Lotus Labs P. Ltd. v. Dy. CIT (2020)79 ITR 295 (Bang) (Trib)

S. 80IB: Industrial undertakings – Disallowance of expenses Deduction to be computed taking into account income enhanced. [ S. 37, 80IB(8A) ]

Sanjeeva Reddy Paga v. ITO (2020) 79 ITR 439 (Hyd) (Trib)

S. 68 : Cash credits -Tax savings investment – Matter remanded to thee Assessing officer [ S.80C ]

Renu Jain v. ITO (2020)79 ITR 621 / (2021) 186 ITD 175 ( Jaipur) (Trib)

S.54F : Capital gains- Investment in a residential house -amount deposited in capital gains accounts scheme before filing of return under section 139(4) – Entitled to exemption.[ S.45 , 139(4) ]

Satern Griha Nirman P. Ltd. v. ITO (2020) 79 ITR 359 (Kol) (Trib)

S.43B: Deductions on actual payment – Employees’ State insurance -Evidence not produced – Disallowance justified .

Rajendra Kumar Sahoo v .ACIT (2020)79 ITR 10 / (2021) 186 ITD 483 / 211 TTJ 175/ 200 DTR 165 ( Cuttack ) (Trib)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Gold purchase – Making cash payments in different dates – Inserting some entries – Complete bills and vouchers not produced – Disallowance is held to be justified . [ R.6DD(J) , 6DD(k) ]