Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Amanora Future Towers P. Ltd. v. Dy. CIT (2021)85 ITR 16 (Trib) (SN)(Pune) (Trib)

S. 92C : Transfer pricing – Arm’s length price -Interest on debentures —Equity and not debt — Deduction allowable — Matter remanded [ S.92CA ]

Amarchand and Mangaldas and Suresh A Shroff and Co. v .ACIT (2021)85 ITR 49/197 DTR 19/ 209 TTJ 1 / 187 ITD 750(SN)(Mum) (Trib)

S. 90 :Double taxation relief – Tax credit – Law firm- Independent Personal Services applies only to individuals — Tax Credit Allowed – The legal fees paid to a partnership firm of lawyers can indeed subjected to levy of tax under article 12 as exclusion clause under article 12(4) does not get triggered for payments to persons other than individuals , and the provisions of article 14 are required to be read in harmony with the provisions of article – DTAA -India -Japan [ Art , 12, 14 , 23 (2)]

Sri Rama Souharda Credit Co-Operative Ltd. v. ITO (2021) 85 ITR 58 (SN)(Bang) (Trib)

S. 80P : Co-operative societies – Entity Registered Under Karnataka Souharda Sahakari Act, 1997 — Co-Operative Society eligible for deduction [ S. 2(19), 80P(2)(a)(i) ]

Spandana Credit Souhardha Sahakari Niyamita v. ITO (2021) 85 ITR 11 (SN)(Bang) (Trib)

S. 80P : Co-operative societies -Carrying on business of banking or providing credit facilities to its members —Matter remanded [ S.80P(2) ]

Doshion Ltd. v ACIT (OSD) (2021)85 ITR 12 (SN.)(Ahd) (Trib)

S. 80IA :Industrial undertakings – Infrastructure development – Amount received under agreement with Tamil Nadu Water Supply and Drainage Board for maintaining infrastructure facility — Eligible for deduction- Disallowance u/s 14A cannot exceed exempt income [ S.14A , 80IA(4) , R.8D ]

FNF India P. Ltd. v ACIT (2021)85 ITR 18 (SN)(Bang) (Trib)

S. 80G : Donation -Expenditure on corporate social responsibility — Denial of deduction is held to be not justified – CIT (A ) has the power to entertain the claim though not made in the return or revised return [ S.254 (1) ]

Sudhir S. Mehta v. Dy. CIT (2021) 85 ITR 8 (SN)(Mum) (Trib)

S.69C:Unexplained expenditure — Personal household expenses — Joint family — Expenses reduced by 50 Per Cent.

Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)

S.68: Cash credits – Loan received through proper banking channel — Addition is held to be not justified .

Dy. CIT v. Pipal Tree Ventures Pvt. Ltd. (2021) 85 ITR 78/199 DTR 129 (SN)(Mum) (Trib)

S. 68 : Cash credits – Share Premium — Additional evidence – Assessing Officer was not given sufficient time – Matter remanded [ S.133 (6) R.46A ]

Spooner Industries P. Ltd. v ITO (2021) 85 ITR 44 (SN)(Delhi) (Trib)

S.56: Income from other sources – Large share premium —Unquoted Equity Shares Discounted Free Cash Flow Method – Addition is not sustainable [ S. 56(2)(viib), R.11UA ] S.56: Income from other sources – Large share premium —Unquoted Equity Shares Discounted Free Cash Flow Method – Addition is not sustainable [ S. 56(2)(viib), R.11UA ]