Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Tidel Park Ltd (2020) 317 CTR 440 / 195 DTR 191 (Mad) (HC)

S. 147 : Reassessment – Developing, operating and maintaining information technology parks – Lease rental – Change of opinion – Reassessment is held to be bad in law [ S.80IA(iii), 148]

CIT v. Kesarwani Sheetalaya (2020) 190 DTR 377 (All) (HC)

S. 69A : Unexplained money -Cold storage -Entries tallied with stock register – No vilatiion of U.P .Regulstion of Cold Storage Act , 1976- Deletion of addition is held to be justified -No question of law [S.260A, U.P. Regulation of Cold Storage Act, 1976. ]

Tamil Nadu State Marketing Corpn Ltd v. UOI (2020) 196 DTR 293 / 217 CTR 965 (Mad)(HC)

S.40(a)(iib):Amounts not deductible- Value added tax – Violation of principle of natural justice – Writ petition dismissed on the ground of alternative remedy [ Art , 14, 19(1)(g), 226 ]

CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to contarctor – Failure to furnish form No 15J – PAN no of was collected at the time of payment – No dialloawance can be made [ S. 194C (7), R, 31A ] S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to contarctor – Failure to furnish form No 15J – PAN no of was collected at the time of payment – No dialloawance can be made [ S. 194C (7), R, 31A ]

CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S .14A : Disallowance of expenditure – Exempt income – In the absence of dividend income – No disallowance can be made [ R.8D ]

CIT v. Maharshi World Peace Trust (2020) 190 DTR 389/ 315 CTR 469 (MP) (HC)

S. 12AA : Procedure for registration –Trust or institution-Genuiness of Trust is established – No mandate to get registration under MP Public Trust Act , 1951 – Order of Tribunal is affirmed .[MP Public Trust Act 1951 ]

Sri Ram Samaj v. JCIT (2020) 275 Taxman 309 / 194 DTR 177 (Mad.)(HC)

S. 11 : Property held for charitable purposes – Engaged in running educational institutions and providing medical relief to poor – Running community hall – Entitle to exemption [ S. 2(15), 11(4A)]

CIT v. Tata Consultancy Services (2020) 317 CTR 124 (Bom) (HC)

S. 10A : Free trade zone – Profits of business – Total turnover – Export turnover- Claiminng deduction u/s 80HHE earlier cannot be bar to claim deduction u/s 10A of the Act [ S.80HHE ]

Sumangal Gems v. Dy.CIT (2020) 84 ITR 40 (Jaipur)(Trib.)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Surrendering additional income-Appeal not filed-Levy of penalty at 10% is held to be justified-Difference in valuation as per books and Department valuer-Levy of penalty is not justified. [S. 132, 153B(1)(b)]

Rajendra Kumar Jain v. ACIT (2020) 84 ITR 325 (Jaipur)(Trib.)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Undisclosed income-Cash seized-Past savings of other family members–Inherited jewellery-Advances given to for purchase of land-Deeming fiction cannot be applied-Levy of penalty is held to be not justified. [S. 69, 69B, 132(4)]