Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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. 37(1) : Business expenditure-Electricity charges-Allowable as deduction.

CIT v. Bothra Shipping Services (2023) 292 Taxman 447 (Cal.)(HC)

S. 32 : Depreciation-Earth moving vehicles-Business of hire-Entitle depreciation at 30%. [S. 263]

State Bank of Hyderabad v. Jt. CIT (2023) 458 ITR 79/ 292 Taxman 526 / 335 CTR 304 (Telangana)(HC)

S. 28(i) : Business loss-Interest on NPAs-Accrual basis-Interest on NPAs was rightly taxed by the Revenue-Guidelines of RBI binding on Banking Companies-Appeal of the assessee is dismissed. [S. 36(1)(vii), 43D, 119,260A, Reserve Bank of India, Banking Regulation Act, 1949, S. 21]

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 ]