Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Virtusa Consulting Services P. Ltd. v.  Dy. CIT (2024)114 ITR 386 (Chennai)(Trib)

S. 10A : Free trade zone-Foreign currency expenditure from export turnover-Refund-Interest on refund-Disallowance of expenditure-Exempt income-Interest-Matter remanded-Matter remanded. [S. 14A, 234D]

ITO (E) v. The Theosophical Society (2024)114 ITR 282 (Chennai)(Trib)

S. 10 (23C): Educational institution-Accumulation of funds-Disallowance cannot be made under section 13 of the Act-Entitle to exemption. [S. 10(23C)(iv), 11, 12A, 13(1)(c)]

Parul Arogya Seva Mandal Trust v. CIT (E) (2024)114 ITR 287 (Ahd)(Trib)

S. 10 (23C): Educational institution-Merger of three trusts-Multiple objects-Not solely for purpose of education-Not entitle to exemption. [S.10(23C)(vi)]

ACIT v. Jindal Poly Films Ltd. (2024)114 ITR 72 (SN)(Delhi)(Trib)

S. 4 : Charge of income-tax-Capital or revenue-Sales tax subsidy-Additional ground is admitted-Matter remanded-Exempted income-Disallowance-Matter remanded. [S. 28(1), 254(1)]

ACIT v. Balaji Hotels and Enterprises Ltd. (2024)114 ITR 213 /229 TTJ 567/239 DTR 189 (Chennai)(Trib)

S. 4 : Charge of income-tax-Capital or revenue-Sale of hotel asset Adjusted against capital work-in-progress-Not business income-No violation of Rule 46A-Commissioner (Appeals) is justified in deleting addition. [S. 28(1), R.46A]

Bhavya Construction CO. v. ACIT (Mum)(Trib.) wwwitatonline .org. Bhavya Construction CO. v. ACIT (Mum)(Trib.) wwwitatonline .org.

80IB (10) : Housing projects- – Slum Rehabilitation Authority (SRA) Projects – CBDT circular – Notification- Claim u/s.80IB (10) would be allowable even the approval was granted before 01/04/2004 and commencement certificate after 01- 4-2004- Circulars and notifications cannot override the provisions of the Act. -Notification No. 1/2011 dated 5-1-2011 restricting the eligibility of section 80IB(10) to SRA project on or after 1-4-2004 and before 31-3-2008 is inconsistent to the proviso to clauses (a) and (b).) [ S.80IB(10)(a) , 80IB(10) (b), 119, 254( 1) ]

Suparshva Swabs (I) v. NFAC (Delhi)(HC)www.itatonline.org

250: Appeal – Commissioner (Appeals) – Procedure – Delay in disposal – Faceless Appeal – Central Action Plan – Held that the NFAC would endeavour to implement the said remedial measures in all earnest- Writ petition filed seeking time-bound disposal – Direction issued to dispose of appeal within eight weeks. [S.246A, Art.226]

CIT v. Nicholas Piramil ( India )( Ltd ( Bom)( HC ) www.itatonline .org

S.37(1): Business expenditure – Community development expenditure – Street lights on the road , ambulance for meeting medical emergencies , developing public garden – The concept of business is not static and over a period of time , it would include within its fold the care and concern for the society at large which would result in a good will being created in its favour leading to better business – Allowable as business expenditure .

Crystal Pride Developers v. ACIT (Bom) (HC).www.itatonline .org

S.147: Reassessment – After the expiry of four years – Change of opinion- Internal audit – Failure to dispose of objections – Reopening of assessment based on change of opinion and internal audit objections is without jurisdiction – Notice is quashed. [S. 147, 144B, Art. 226]

PCIT v. Shree Ganesh Developers ( Bom)( HC) www.itatonline .org

S. 69C : Unexplained expenditure – Sales tax department – Non genuine supplier – Failure to produce bank statements – The order of the Tribunal estimating the income at 12. 5% of alleged bogus purchases is reversed insofar as the purchases from two parties and order of the Assessing Officer making 100% of addition under Section 69C of the Act is affirmed . [ S.133(6), 260A ]