Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


B. Ramamoorthy v. DGI(Vigilance) (2024) 299 Taxman 468 (Mad.)(HC)

S. 120 : Jurisdiction-Search and seizure-Third party-Not connected with the assessee-No cause of action-Writ petition is dismissed. [Art. 226]

Anmol Feeds (P.) Ltd. v. UOI (2024) 299 Taxman 269 (Cal.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Return-Condonation of delay-Illness of accountant-Reasonable cause-Genuine hardship-Delay is condoned-Order of CBDT is set aside-Directed to file the return within 15 days. [S.119(2)(b), 139 (1), 139(4), Art. 226]

Tata Autocomp Gotion Green Energy Solutions (P.) Ltd. v. CBDT (2024) 299 Taxman 282 /464 ITR 61 / 340 CTR 942(Bom.)(HC)

S.119 : Central Board of Direct Taxes-Instructions-Circular-Tax on income of new manufacturing domestic companies-Application for condonation of delay-Relied on report which is not made available to the petitioner-Order is not passed or signed by the Member who has given personal hearing-Principles of natural justice would require that revenue should have made available a copy of report received by them from Field Authorities to assessee and given them an opportunity to explain or show cause-Matter remanded to Central Board of Direct Taxes with directions. [S. 115BAB, 119 (2)(b), Form No 10-ID, Art. 226]

PCIT v. Moon Star Securities Trading & Finance Co. (P.) Ltd. (2024) 299 Taxman 53 (Delhi)(HC)

S. 115JB : Book profit-Disallowance made under section 14A could not be considered for computing MAT.[S. 14A, R.8D]

PCIT v. Sarens Heavy Lift India (P.) Ltd. (2024)299 Taxman 293 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-
International transaction-Written Down Value of assets as may be reflected in books would not be liable to be taken into consideration while answering issue of ALP-No substantial question of law. [S. 260A, R.10B]

PCIT v. Yakult Danone India (P.) Ltd. (2024) 299 Taxman 452 (SC) Editorial: PCIT v. Yakult Danone India (P.) Ltd(2023) 154 taxmann.com 470 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-AMP expenses-High Court held that approach of TPO of determining ALP of such AMP expenditure either on BLT bases or TNMM could not be sustained-SLP is granted to the Revenue. [S.92B, Art. 136]

Rajesh Kumar Drolia (HUF) v. CIT (Central) (2024) 299 Taxman 296 (Cal.)(HC)

S. 80IB : Industrial undertakings-Services to buyers by way of repair and maintenance of moulds sold to them and charged job work charges for such services-No direct nexus with business activity of manufacture and sale of moulds-Not entitle to deduction.[S. 260A]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-Sale of various items of scrap-Eligible deduction-Tax effect is below threshold limits-SLP of Revenue is dismissed. [S. 80HH, 268A, Art. 136]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80HHC : Export business-Interest from business debtors-Allowable as deduction-Tax effect is below threshold limits-SLP of Revenue is dismissed. [S. 268A, Art. 136]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80HHC : Export business-When certain profit is to be excluded from claim of deduction under sections 80HH, 80I and 80HHC, it is not gross profit but net thereof, that is, gross profit minus expenditure incurred for earning such profit which should be excluded-Tax effect is below threshold limits-SLP of Revenue is dismissed.[S. 80HH, 80I, 268A, Art. 136]