Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Amadeus India Pvt. Ltd. v. ACIT (2021) 87 ITR 371 (Delhi)(Trib.)

S. 92B : Transfer pricing-Arm’s length price-Advertisement, marketing and sales promotion expenses. [S. 92CA]

Xerox India Ltd. v. Dy. CIT (2021) 87 ITR 209 (Delhi)(Trib.)

S. 92B : Transfer pricing-Arm’s length price-Advertisement, marketing and sales promotion expenses-Incidental benefit to foreign associated enterprise not to be concluded as brand building exercise. [S.92C]

Samrat Plywood Ltd. v. ACIT (2021) 87 ITR 102 / 203 DTR 421 (Chd.)(Trib.)

S. 81C : Undertakings-Special category states-Initial assessment-Commencement Of Business On 28-12-2006-Loss can only be set off against profits of eligible unit in Assessment Year 2008-09. [S. 80IA(5), 80IC(7)]

NLC India Ltd. v. Dy.CIT (2021) 87 ITR 121 (Chennai)(Trib.)

S. 80IA : Industrial undertakings-Eligible profits-Business of power generation-Handling charges, interest received from employees and miscellaneous Income-Surcharge received from Electricity Boards for delayed payment of receivables in respect of supply of electricity-Interest received from third party for delay in payment-Not Income Generated From Business Operations-Not eligible for deduction-Expansion of unit-Eligible deduction.

Venkatesh Soutoor v. ITO (2021) 87 ITR 36 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Gold smith-Depositing cash in the Bank-Cash withdrawal-Marriage gifts-one third of deposit was accepted as withdrawal-Remanded for verification.

TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Shares allotted-Investment by managing director-Discharged the burden-Addition held to be not valid.

USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)

S. 68 : Cash credits-Investment in earlier years-Selling during the year-Addition cannot be made. [S. 132]

Society For Institute For Professional Studies v. JCIT (2021) 87 ITR 269 (Delhi)(Trib.)

S. 68 : Cash credits-Unsecured loan-Confirmation and bank statement was filed-Interest was paid after deduction of tax at source-Addition was held to be not valid. [S. 12AA]

Jaya Prakash v. ITO (2021) 87 ITR 64 (SN) (Bang.)(Trib.)

S. 45 : Capital gains-Full value of consideration-Addition cannot be made on the basis of receipts shown in form No 26AS-Transfer-Matter remanded to verify whether there was transfer of land in Terms of Section 53 A of transfer of property. [S. 2(27)(v), Transfer of property Act, 1882, S. 53A]

TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)

S. 44AD : Presumptive taxation-Contract receipts-Contract and sub-contract-Income to be estimated at 8 percent on contract receipt and 5 percent on sub-contract receipts only-Scrap sales to be treated as business receipts taxable at 8 percent.