Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ittiam Systems Pvt. Ltd. v. ITO (2021) 86 ITR 611 /211 TTJ 367 / 201 DTR 191 (Bang.)(Trib.)

S. 90 : Double taxation relief-Foreign tax credit-Tax paid in USA, Japan and Germany-Credit available on all taxes paid in these countries-Tax paid in Korea-Limited to taxes payable on doubly taxes in India-Tax paid in Taiwan-No double taxation avoidance agreement with Taiwan-Foreign tax credit computed based on rate of tax applicable in India or Taiwan, whichever is less, on doubly taxable income-DTAA-India-USA-Japan-Germany-Korea. [S. 91, Art. 25, 23(2), 23(2), 23]

Thota Uthpannagala Marata Sahakara Sangha Niyamitha v. Dy.CIT (2021) 86 ITR 134 (Bang.)(Trib.)

S. 80P : Co-operative societies-Banking facilities to members-Income attributable to carrying on business of banking-Deduction allowable. [S. 80P(2)(a), 80P(2)(a)(iii), 80P(2)(a)(vi)]

Quantum Power Systems v. ACIT (2021)187 ITD 523 / 86 ITR 9 (SN) (Bang.)(Trib.)

S. 80IC : Special category States-Manufacturing unit-Substantial expansion beyond five years-Entitle to exemption.

Shipra Estate Ltd. v. ACIT (2021) 86 ITR 245 (Delhi)(Trib.)

S. 80IB(10) : Housing projects-Completion Certificate-Completion Certified by Architects, planners and engineers-Delay in issue of completion certificate by local authority-Entitle to deduction-Allotment of residential members of same family-Disallowable proportionately. [S. 80IB(10)(f)]

A CIT v. Parag Fans and Cooling System Pvt. Ltd. (2021) 86 ITR 598 (Indore)(Trib.)

S. 72 : Carry forward and set off of business losses-If return for which loss was claimed on due date the loss is allowed to carryforward and set off. [S.139 (1)]

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 69 : Unexplained investments-Post dated cheque-No evidence to show that there was transfer of money-Addition is held to be not valid.

ACIT v. Dilip Kumar Mahendra Kumar Jain (2021) 86 ITR 390 (Indore)(Trib.)

S. 69 : Unexplained investments-Finance broker-Transaction through account payee cheques-Addition cannot be made on the presumption that providing loan in cash and interest received in cash. [S. 132]

ACIT v. Sreeleathers (2021) 86 ITR 7 (SN) (Kol.)(Trib.)

S. 68 : Cash credits-Unsecured loans-Lender companies directly replying to Assessing Officer pursuant to notices and filing documents called for-Inspectors report not furnished to the assessee-Third party statement neither shown nor given an opportunity of cross examination-Addition is held to be not valid. [S. 133(6), 133A]

Binu Nanu v. Dy.CIT (2020) 192 DTR 121/ 206 TTJ 854/ (2021)86 ITR 160( (Delhi)(Trib)

S. 143(3) : Assessment – Protective assessment — Director – Substantive addition in hands of company deleted — Protective ssessment in hands of director not sustainable .[ S.179, 292C ]

Garima Polymers Pvt. Ltd. v. ACIT (2021) 86 ITR 261(Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Genuineness of transaction not established-Addition is held to be justified-Unsecured loan-Onus discharged-Addition is held to be not justified.[S.131]