Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DIT(E) v. She Foundation (2023) 292 Taxman 216 (Cal.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Commencement stage-Only has to examine whether the object of the Trust is charitable or not-Order of Tribunal directing to grant the registration is affirmed.[S. 2(15), 11]

CIT v. Paradeep Port Trust (2023) 292 Taxman 347 (Orissa) (HC)

S. 11 : Property held for charitable purposes-Accumulation of income-Revenue cannot insist on a copy of resolution being furnished regarding amount being accumulated for charitable activities. [S. 11(2), R. 17(2), Form No.10]

CIT v. Tube Investments of India Ltd. (2023) 292 Taxman 465 (SC) CIT v. Tube Investments of India (P.) Ltd. (2023) 292 Taxman 546 (SC) Editorial : CIT v. Tube Investments of India Ltd (2022) 446 ITR 676/ 288 Taxman 524 (Mad)(HC)

S. 4 : Charge of income-tax-Transfer of rights-Value of any benefit or perquisites-Business income-Transfer is genuine-Set off credit-No evidence-Deletion of addition is valid. [S. 28(iv)]

Rinku Chakraborthy (Smt.) v. Dy. CIT (2023) 292 Taxman 353 (Karn.)(HC)

S. 2(22)(e) : Deemed dividend-Advances to directors-Joint owner of property-Advance to be adjusted for sale consideration-Matter remanded to the Tribunal for reconsideration. [S. 254(1)]

Mahimananda Mishra v. ACIT (2023)455 ITR 449/292 Taxman 49 (Orissa)(HC)

S. 2(22)(e) : Deemed dividend-Unsecured loan from company-Partner of firm shareholder-Dividend is taxable in hands of Individual and not in the name of firm-Remand by the Tribunal is set aside. [S. 254(1)]

Anil Dhirajlal Ambani v. UOI (2023) 292 Taxman 17 (Bom.)(HC)

Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 .

S.50: Punishment for failure to furnish return of income –Information about an asset – located outside India – Punishment for wilful attempt to evade tax – Foreign asset – Prosecution – Pendency of appeal before CIT(A) – Criminal provision of sections 50 and 51 could not have a retrospective effect – Stay of criminal proceedings- Notice was issued to Advocate General regarding petition filed by petitioner and stay granted earlier to be extended till next date of hearing . [ S. 51 , Income -tax Act , 1961 , S.276C , Art . 226 ]

Periyasamy Ramesh Rajah v. Addl. CIT (2023) 459 ITR 381/ 292 Taxman 551 (Mad.)(HC)

Black Money (Undisclosed Foreign Income & Assets) and Imposition of Tax Act, 2015 .

S. 41 :Penalty in relation to undisclosed foreign income and asset – Penalty for failure to furnish in return of income, an information or furnish inaccurate particulars about an asset (including financial interest in any entity) located outside India -Pendency of appeal – Directed to hear the assessee and pass the order after considering the submission of the assessee . [ S. 15, 42 , 43 , Art. 226 ]

Van Oord ACZ India (P) Ltd v. CIT ( 2023) 453 ITR 214 / 292 Taxman 405/ 226 DTR 89 / 332 CTR 310(SC) Editorial : Van Oord ACZ India (P) Ltd v. CIT ( 2010) 323 ITR 130/ 189 Taxman 232 ( Delhi)( HC) , para 4 is set aside .

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident – Reimbursement of mobilisation and demobilisation costs to a foreign company – Subsequently the foreign company was held liable to tax in India – Not liable to deduct tax at source – Cannot be treated as assessee -in -default – DTAA -India – Netherlands .[ S. 9(1)(vi), 195, Art. 12, Art. 136 ]

Ganesh Dass Khanna v. ITO (2023) 156 taxmann.com 417 (Delhi )( HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Where the alleged escaped income is below the prescribed monetary threshold of Rs.50 lakhs, the period of limitation as stipulated under Clause (a) of Sub-section (1) of Section 149 of the 1961 Act would be applicable- The period prescribed under the said Clause is three (03) years from the end of the relevant assessment year – Reopening notices dated 30.6.2021 and 28.06.2021 issued were held to be barred by limitation . [ S. 148 , 148A(b) , 148A(d), 149(1))(a) , Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3 , Art .142 , 226 ]

All India Federation of Tax Practioners v .UOI ( Delhi)( HC) www.itatonline .org

S. 250: Appeals – Commissioner of ( Appeals ) – National Faceless Appeal Centre ( NFAC) -Pendency of appeals – Delay in disposal of appeals – Honourable court has directed the government to take appropriate measures to fill up all vacant posts and also increase the sanctioned strength of Commissioner (Appeals) so as to achieve the target at least 570 of such posts . [S. 246, 250(6A), Art . 226 ]