Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. National Bank for Agriculture & Rural Development [2023] 221 TTJ 25/ 221 DTR 369 (Mum) (Trib)

S. 4 : Charge of income-tax -Accrual -Service charges accrued but not received -Addition is not justified. [S. 5, 145]

Dy. CIT v. National Bank for Agriculture & Rural Development [2023] 221 TTJ 25 / 221 DTR 369 (Mum)(Trib.)

S. 4 : Charge of income-tax-Diversion by overriding title -Transfer of interest receipts to tribal development fund (TDF) and watershed development fund (WDF) per scheme devised by Government of India for promotion of investments in agriculture and rural development- Not chargeable to tax. [S. 145]

Apna Punjab Resorts Ltd. v. PCIT (2023) 200 ITD 75/225 TTJ 957 (Chd) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Shares issued at premium-DCF method-Commissioner in Revision proceedings cannot direct the Assessing Officer to adopt the NAV method-TDS on interest income-Interest income om fixed deposit for obtaining the loan for obtaining the bank guarantee-Directly linked with activity of setting up hotel and is to be viewed as a capital receipt going to reduce cost of construction-Revision order is quashed.[S. 4, S.56(2)(viib), 199, R.11UA, R.37BA]

Shri Venkateshwara Educational Institute. v. ITO (2023) 200 ITD 193/102 ITR 45 (SN) (Kol)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Educational institution-School-No fee is charged from students-Accumulated surplus for purpose of future application to set up school-Entitle to exemption-Revision is held to be not justified. [S. 10(23C)(iiiad), 12A, 12AA]

ACIT v. Erisse Investments Ltd. (2023) 200 ITD 801 /(2024) 110 ITR 283 (Mum)(Trib.)

S. 144C : Reference to dispute resolution panel-Assessment-Limitation-No variation in returned income-Assessing Officer ought to have passed assessment order under section 143(3) of Act within limitation time prescribed under section 153(1), i.e., within 21 months from end of assessment year-Order is barred by limitation. [S. 143(3), 153(1)]

Ganigara Rekha Venugopal (Smt.) v. ACIT (2023) 200 ITD 141 (SMC) (Bang) (Trib.)

S. 68: Cash credits-Income from other sources-Agricultural income-Lease rent-Addition made in earlier year-Taxing the said income again is deleted.[S.56]

ACIT v. Rodic Sikkim Project (P.) Ltd. (2023) 200 ITD 32 (Kol) (Trib.)

S. 56 : Income from other sources-Cumulative preference shares at premium-Produced valuation report for justifying the issue of shares at premium-Deletion of addition by CIT(A) is affirmed. [S. 56(2)(viib), R.11U, R.11UA]

Sanjay Bhimrao Patil. v. ITO (2023) 200 ITD 575 (Pune) (Trib.)

S. 56 : Income from other sources-Interest on compensation-Enhanced compensation-Compulsory acquisition of agricultural land-Not taxable. [S. 56(2), 145A, Land Acquisition Act, 1894, S. 28]

Sanjay Vasant Jumde. v. ITO (2023) 200 ITD 285/222 TTJ 409 / 223 DTR 316 (Pune) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Invested a portion of capital gains-Sale of old property on 23-10-2018-Possession of new flat on 24-12-2018-Date of possession of flat would be actual date of purchase for claiming exemption under section 54-Entitle to exemption. [S. 45]

Renu Khurana. (Ms.) v. ACIT (IT) (2023) 200 ITD 130 (Delhi) (Trib.)

S. 48 : Capital gains-Mode of Computation-Residential flat-Date of acquisition of residential flat has to be reckoned from date of allotment letter, benefit of indexed cost of acquisition should be available to assessee based on payments made beginning from financial year 2005-06. [S. 45]