Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Vedanta Ltd. (2023) 291 Taxman 205/(2022) 448 ITR 732 (SC) Editorial : PCIT v. Sesa Goa Ltd (2023) 146 taxmann.com 35 / 291 Taxman 229 (Bom)(HC)

S. 32 : Depreciation-Activity of mining, mineral processing for exports, shipping etc. Amounted to production of iron-ore-Entitled for additional depreciation in respect of machinery used in mining.

H.T. Media Ltd. v. PCIT (2023) 291 Taxman 423/ 332 CTR 734/ 224 CTR 197 (Delhi)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Suo-moto disallowance-Recorded the dissatisfaction–Assessing Officer recomputed the amount at higher amount-Order of Tribunal affirming the disallowance was up held. [S. 10(34), R. 8D(2)(iii)]

PCIT v. IFFCO Ltd. (2023) 291 Taxman 493 (Delhi)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Dividend income earned from the overseas entity-Included in the total income-No disallowance can me made-DTAA-India-Oman. [S. 90(2), R.8D, Art. 25]

PCIT v. Delhi International Airport (P.) Ltd. (2023) 291 Taxman 490 (Delhi)(HC)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income was received or receivable during relevant previous year-Disallowance cannot be made-Amendment to section 14A is prospective.[R.8D]

PCIT v. Urmi Nilesh Nagarsheth (2023) 291 Taxman 611 (Guj.)(HC)

S. 10(37) : Capital gains-Agricultural land-Compensation received for acquisition land [Gujarat Town Planning and Urban Development Act, 1976 S. 107]

Jubilee Hills International Centre v. ITO (2023) 457 ITR 70/291 Taxman 600/ 334 CTR 158 (Telangana) (HC)

S. 4 : Charge of income-tax-Club-Principle of mutuality-Non-permanent members, non-life members, temporary or honorary members, they are not entitled to vote or offer themselves as candidates for any elective office, or have no right of disposal over the surplus-Principle of mutuality is applicable. [S. 2(24)]

Almech Enterprises v. ACIT ( Mum)( Trib) www.itatonline .org

S. 69C : Unexplained expenditure -Unexplained investment – Unexplained money – Survey – Cash found less than the amount disclosed in the books of account – Addition cannot be made as an unexplained investment. [ S. 69, 69A,115BBE , 133A, 145 ]

Evershine Recreation Private Limited v .DCIT ( Chd)( Trib) www.itatonline.org

S. 147: Reassessment – After the expiry of four years – Accommodation entries –Shell companies – Borrowed satisfaction – Information from investigation wing -Natural justice – Search – Survey-No failure to disclose material facts –Without the application of mind – Opportunity for cross-examination was not provided – Reassessment was quashed. ( Tribunal has passed 359 pages order dealing with all issues on reassessment proceedings .) [ S.131, 132.132(4), 133(6), 133A, 148, 153A, 153C ]

Parina Laboratories Pvt Ltd v .ITO ( Bom)( HC) www.itatonline .org .

S. 144 : Best judgment assessment – One time settlement – Order passed in the years 2016 – High Court set aside the ex- parte order – Directed the Assessing Officer provide all the evidences and recorded reasons -Directed the Jurisdictional Assessing Officer to pass a reasoned order .[ S. 147 , 148,179, 264 , Art . 226 ]

Naresh Manakchand Jain v. The Registrar, ITAT (Bom)(HC)

S. 254(1): Appellate Tribunal- Powers- Ex parte order – Search – Alleged Accommodation entry provider – 32,000+ beneficiaries- Shell companies -Alleged Money Laundering – Direction issued by the Tribunal to AO to intimate/report to SEBI, ED, MCA and ROC regarding details of money laundering activities-Directed the Assessing officer to share information about all beneficiaries within 90 days . [S. 132, 150, Prevention of Money- Laundering Act, 2002; 11, Art. 226]