Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hamdard National Foundation (India) v. ACIT (E) (2020) 82 ITR 164 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Corpus donations-Capital receipt-Market rent-Rent received far more than valuation of Municipal Corporation of Delhi-Rent increased to 10% every three years as per Delhi Rent Control Act, 1958-Exemption cannot be denied. [S. 11(1)(d), 13(2)(b), 13(3)]

Teradata Operations Inc. v. Dy. CIT (2020) 82 ITR 338 (Delhi)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Employees of Non-Resident assessee deputed to manage affairs of its associated enterprise in India and provide technical Knowledge-Employees continuing to make social security contributions in their country and their salaries distributed to their bank accounts-There-Revenue received by assessee by way of reimbursement constitutes fees for included services-DTAA-India-USA. [Art. 7]

Exotica Housing and Infrastructure Co. Pvt. Ltd. v. ITO (2020) 82 ITR 46 / 207 TTJ 992 (Delhi)(Trib.)

S. 2(22)(e) : Deemed dividend-Current account transactions outside purview of deemed dividend-Rule of consistency is followed.

CIT v. Chekkattu Chitty Funds (2020) 113 taxmann.com 604 (Ker) (HC) Editorial: SLP of assessee dismissed , Chekkattu Chitty Funds v. CIT (2020) 113 taxmann.com 606 / 269 Taxman 373 (SC)

S.132: Search and Seizure – Firm – Person actively involved in the activities of the firm – Search is held to be valid – Order of Tribunal is affirmed . [ S.40A(3), 68 )

Shri Saibaba Sansthan Trust (Shirdi) v. UOI ( 2020) 114 taxmann.com 489 / 270 Taxman 197 / 316 CTR 587 (SC) Editorial : Order of High Court is affirmed Shri Saibaba Sansthan Trust (Shirdi) v.UOI (2018) 100 taxmann.com 77/ 168 DTR 364/ 304 CTR 444 (Bom)(HC)

S. 147: Reassessment – Anonymous donations -Appeal pending on similar issue in another issue- Notice not to be quashed – Order of High Court remanding the matter was affirmed [ S. 115BBC , 148 ]

Audhut Timblo v. ACIT (2020) 420 ITR 62 / 196 DTR 335 (Bom) (HC)

S. 147 : Reassessment – After the expiry of four years- Block assessment- Addition deleted by CIT (A) – Notice to reassess the same is held to be not valid [ S. 132, 148 ,158BC , Art , 226 ]

PCIT v. Harsh International Pvt. Ltd. (2021) 431 ITR 118 (Delhi)(HC)

S. 271(1)(c) : Penalty – Concealment – Quantum addition challenged in appeal to High Court –Substantial question of law – Debatable – Levy of penalty is held to be not justified [ S.260A

Prabhudas Veljibhai Chaudhari v. PCIT (2021) 431 ITR 246 (Guj)(HC)

S. 264 :Commissioner – Revision of other orders – Rejection of application on ground of bar of limitation – Failure to decide revised capital gains- Matter remanded to decide the issue on section 50C [ S. 50C, 54 , Art , 226 ]

Sutures India Pvt. Ltd. v. CIT (2021) 431 ITR 332 / 278 Taxman 112(Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Assessing Officer taking one of two possible views on issue — Order not erroneous — Commissioner cannot set aside order .[ S.80IA, form 10CCB ]

Harman Connected Services Corporation India Pvt. Ltd. v. CIT. (2021) 431 ITR 401/ 198 DTR 144/ 319 CTR 24 (Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Deduction granted on a wrong view of the Law —Revision is held to be justified [ S.10A ]