Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Wipro Ltd. (2021) 277 Taxman 309/318 CTR 340/197 DTR 349 (Karn.)(HC)/Editorial: SLP granted to the Revenue , PCIT v. Wipro Ltd ( 2022) 286 Taxman 437 (SC)

S. 72 : Carry forward and set off of business losses-Export Oriented undertakings-Declaration in terms of section 10B(8) was to be treated as directory as provision of this section does not provide for any consequence by non-filing of declaration by time limit-Carry forward and set off business losses was allowed to be set off. [S.10B(8)]

PCIT v. Infosys BPO Ltd. (2021) 277 Taxman 320 (Karn.)(HC)

S. 70 : Set off loss-One source against income from another source-Same head of income-Loss from for eligible for exemption could be set off other unit which was not eligible for exemption under same head of income.

PCIT v. Hassan Ali Khan (2021) 124 taxmann.com 208 (Bom.)(HC) Editorial : SLP of revenue is dismissed PCIT v. Hassan Ali Khan, (2021) 277 Taxman 398 (SC)

S. 69C : Unexplained expenditure-Seized material-Department not provided the details of transaction-Deletion of addition is held to be justified-No question of law. [S. 132, 260A]

PCIT v. Sandeep P. Shah (2021) 124 taxmann.com 206 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Sandeep P. Shah (2021) 277 Taxman 395 (SC)

S. 68 : Cash credits-Bogus purchases-Trading in ferrous and non-ferrous metal-Stock register produced-Deletion of addition is held to be justified-No question of law. [S.260A]

CIT v. Shree Ganesh Ventures (2021) 277 Taxman 416/ 205 DTR 479 (Mad.)(HC)

S. 68 : Cash credits-Purchase of scrap-Recalling the order is held to be justified-Deletion of addition is held to be justified. [S. 133(6), 254(2)]

CIT v. Manish D. Jain (HUF) (Mrs.) (2021) 277 Taxman 604 (Mad.)(HC)

S. 68 : Cash credits-Long term capital gains from equities-Penny stock-Tribunal-Duties-Tribunal was not justified in remanding the matter to the Assessing Officer-Order of CIT(A) confirming the addition was affirmed-Order of Tribunal set aside. [S. 10(38), 45, 254(1)]

Rajendra Kumar Jain v. ITO (2021) 277 Taxman 236 (Mad.)(HC)

S. 57 : Income from other sources-Deductions-Interest paid on loans from relatives-Matter reamended. [S. 57(iii)]

CIT v. Neena Krishna Menon (Smt.) (2021) 277 Taxman 211 (Karn.)(HC)

S. 54EC : Capital gains-Investment in bonds-Amendment Restricting the investment to 50 lakhs is prospective in nature [S. 45]

CIT v. Venkata Dilip Kumar (2021) 437 ITR 137/ 277 Taxman 463/ 201 DTR 9/ 320 CTR 520 (Mad.)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Amount spent on construction-Mere non compliance of a procedural requirement, exemption should not be denied-Order of single judge is affirmed by division Bench. [S.45, 54(2)]

CIT v. Tamilnadu Martime Board (2021) 277 Taxman 15 / 323 CTR 987(Mad.)(HC)

S. 43(1) : Actual cost-Financial assistance for rehabilitation of tsunami damaged roads and bridges, ports and harbours-Interest free loan-Not to be reduced from actual cost. [S.32, 43(1), Explanation 10.]