Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Gravita Metal Inc. [2023] 105 ITR 10(SN) (Amritsar) (Trib)

S. 5 : Scope of total income-Passing of entries in books of account not conclusive to determine income-Entries in books representing notional income – Notional income is not taxable.[S. 145]

ACIT v. Inox Leisure Ltd. [2023] 105 ITR 3 (SN) (Ahd) (Trib)

S. 4 : Charge of income-tax-Capital or revenue receipt-Entertainment tax subsidy is capital receipt not exigible to tax. [S. 28(i)]

Dy. CIT v. Grasim Industries Ltd. (2023) 201 ITD 641 (Mum)(Trib.)

S. 4 : Charge of income-tax-Subsidy-Technology up gradation fund scheme-Capital in nature though net off against the interest expenditure in the books of account is still capital in nature and therefore not taxable. [S. 28(i)]

Manali Petrochemical Ltd. v. Dy. CIT (2023) 201 ITD 317 (Chennai)(Trib.)

S. 2(24)(xviii) : Income-Assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement-Subsidy was given to setting up a new biomass co-generation system or to promote existing systems and its benefits – Capital subsidy – Directed to reduce from cost of asst acquired out of said subsidy and allow depreciation.[S. 4, 32, 43 (1)

Hanuman Plantations Ltd. v. ITO (2023) 104 ITR 78 (Kol.)(Trib)

S. 2(24)(x) : Income-Any sum received by assessee from his employees-Addition to be made prior to apportionment of 60% as agricultural income and 40% as business income. AO directed to recompute disallowance and only 40% amount to be added to business income. [S. 36(1)(va), 43B, R. 8]

Precot Ltd. v. ACIT (2023) 201 ITD 350 / 103 ITR 82 (SN) (Chennai)(Trib)

S. 2(14)(iii) : Capital asset-agricultural land-land situated within the jurisdiction of municipality limit-Chargeable to capital gain tax. [S. 2(14)(iii)(a), 2(14)(iii)(b), 45]

D. N. Homes Pvt. Ltd v. UOI (2023)459 ITR 211 /156 taxmann.com 169/ 335 CTR 942 (Orissa)( HC) Editorial :SLP of Revenue is dismissed , UOI v. D. N. Homes Pvt. Ltd ( 2024) 300 Taxman 98/ 469 ITR 2 ( SC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Offences and prosecutions-Failure to pay to the credit tax deducted at source-Sanction for prosecution-Reasonable cause-Failure to deposit tax deducted at source due to prevalence of pandemic-Reasonable cause shown for failure-Sufficient cause-Assessee depositing tax deducted at source in phased manner with interest though after delay-Prosecution orders set aside.[S. 2(35), 276B, 278AA, 278B, 279]

Health Bio Tech Ltd v. Dy. CIT (2023)459 ITR 349/156 taxmann.com 220 (P&H)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-
Self-Assessment tax shown in return but paid late-Penalty levied-Nothing on record to show deliberate and wilful default of evasion of tax-Complaint and summoning order quashed.[S. 276(2), 278]

Clix Capital Services Pvt. Ltd. v. Jt. CIT (2023)459 ITR 470 /149 taxmann.com 279 / 334 CTR 574/ 225 DTR 232(Delhi)(HC)/Editorial : SLP of revenue is dismissed , Jt. CIT v. Clix Capital Services (P.) Ltd. (2024) 298 Taxman 90 / 464 ITR 768 (SC)

S. 275 : Penalty-Bar of limitation-Natural justice-Delay of ten years in issuing show cause notice -Notice issued in November 2017-Barred by limitation. [S. 271, 274, 275(1)(c)]

PCIT v. K. B. Capital Markets Pvt. Ltd. (2023)459 ITR 790 /156 taxmann.com 736 (Cal)(HC)

S. 268A : Appeal-Instructions-Monetary limits-Below threshold limit fixed by CBDT-Appeal is dismissed.[S. 260A] The court dismissed the appeal filed by the Department on the ground of low tax effect for the assessment year 2009-10.(AY.2009-10)