Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DIT v. ANZ Grindlays Bank (2024) 301 Taxman 599 /(2025) 476 ITR 624 (Delhi)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Fees charged by foreign branch for providing and extending a credit line to account holder outside India in respect of credit cards issued by foreign branch and used in India is not taxable in India-Order of Tribunal is affirmed. [S. 260A]

Y. S. & Co-owners v. ITO [2024] 301 Taxman 647 (P& H)(HC)

S. 4 : Charge of income-tax-Rental income-Property owned by Co-Owners-Association of persons-Maximum marginal rate-Rental income received by co-owners is to be assessed as income from AOP and not in hands of assessee as income from house property under section 22-Order of Tribunal is affirmed. [S.2(31), 22, 26, 167B(2)(i), 260A]

PCIT v. Kalpataru Power Transmission Ltd. (2024) 301 Taxman 427 (Guj.)(HC)

S. 4 : Charge of income-tax-Carbon Credit (CER)-Income from realisation of carbon credit is capital in nature-Not assessable as business income. [S.28(i), 260A]

HLL BIOTECH Ltd. v. CIT (2024) 301 Taxman 604 (Ker.)(HC)

S. 4 : Charge of income-tax-Income from other sources –Capital or revenue-Short term deposits-Interest income is set off against expenditure-Deposits and income were inextricably linked with setting up of project, interest income on short-term deposits of funds infused by Government is in nature of capital receipt and not revenue receipt.[S. 56, 145]

UOI v. Ganpati Dealcom (P.) Ltd. (2024) 301 Taxman 313 /(2025) 474 ITR 354 (SC) Editorial: UOI v. Ganpati Dealcom (P.) Ltd. (2022) 141 taxmann.com 389/ 289 Taxman 177/ 447 ITR 108 (SC)recalled .

S. 3 : Prohibition of benami transactions-Change of law-Benami Property-Review petition-Applicability of section 3 and 5 of unamended 1988 Act-Unconstitutional from their inception-2016 Act containing criminal provisions can only be applied prospectively and not retroactively- Decision recalled and restored for reconsideration [[S. 2, 3, 4, 5, 24, 27(3), 27(5), 53, 54, 54A, 67 Art. 14, 20(1)]

PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 301 Taxman 556 (SC) Editorial : PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 167 taxmann.com 470 (Guj)(HC)

S. 271D : Penalty-Takes or accepts any loan or deposit-Cash credits-Reasonable cause-High Court affirmed the order of the Tribunal. Revenue filed SLP which was delayed by 660 days-SLP of revenue is dismissed on account of delay as well as on merits.[S. 68, 271E, 273B, Art. 136]

Manoj Jain (HUF) v. ITO (2024) 301 Taxman 398/(2025) 478 ITR 164 (SC) Editorial: Manoj Jain (HUF) v. ITO [2024] 164 taxmann.com 133/299 Taxman 456 / (2025) 478 ITR 161(Cal) (HC)

S. 260A : Appeal-High Court –Long term capital gains-Penny stock-Bogus claim-High Court cannot examine factual issues not raised before lower authorities-SLP of assessee is dismissed [S. 68, Art.136]

Vijay Channabasav Suttatti v. ACIT (2024) 301 Taxman 236 (SC) Editorial: Vijay Channabasav Suttatti v. ACIT (2024) 166 taxmann.com 384 (Bom)(HC); Vijay Channabasav Suttatti v. ACIT (2023) MA No. 014/PUN/2023, ITA No. 825/PUN/2018 dt.9-9-2022 (Pune)(ITAT)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Application for recalling Tribunal’s order-No rectifiable mistake apparent on the record.[Art. 136]

Pankaj Buildwell Ltd. and Group v. PCIT (2024) 167 taxmann.com 234/ 301 Taxman 405 (SC) Editorial : Ajmera Housing Corporation 326 ITR 642 [SC], PCIT v. Pankaj Buildwell Ltd. (2024) 161 taxmann.com 605 (Delhi)(HC), Ramesh Harbibhau Gawli v. ITO [2024] 167 taxmann.com 323 (Bom)(HC)

S. 245D : Settlement Commission-Settlement of cases-Full and true disclosure-Power-Grant immunity from prosecution and penalty-Application rejected due to lack of true and full disclosure-SLP of assessee is dismissed. [S. 245C, 245H, Art. 136]

Covenant Stones (P.) Ltd. v. CIT (Appeals) (2024) 301 Taxman 554 (SC) Editorial: Covenant Stones (P.) Ltd. v. CIT (Appeals) (2024)167 taxmann.com 639 (Ker)(HC)

S. 220 : Collection and recovery-Assessee deemed in default –Stay of recovery-SLP of assessee is disposed of by reserving liberty to assessee to file a review petition before Division Bench of High Court and till initial consideration of review petition for any interim or final order, there would be stay of directions. [Art. 136]