Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gramin Sewa Sakakari Samiti Maryadit v. ITO (2022) 215 DTR 193 (Raipur)(Trib) Sewa Sahakari Samiti Maryadit v. ITO (2022) 215 DTR 193 (Raipur)(Trib)

S. 80P : Co-operative societies-Dividend received from Co-Operative Bank-Eligible deduction.[S. 2(19), 80P(2)(d)(i), 80P(2)(iii)]

Dy. CIT v. Amber Enterprises (India) Pvt. Ltd. (2022)100 ITR 28 (Chd)(Trib)

S. 80IC : Special category States-Production of Air conditioners-Unit in leased premises-Deletion was addition was justified.

Dy.CIT v. MBD Printographics (P) Ltd (2022) 215 TTJ 198 (Asr)(Trib)

S. 80IC : Special category States-Survey-Printing and publishing at Gagret with technique and machinery-139 employees were found working at the time of survey-Outsourcing activities-Entitle to deduction [S. 133A, 145(3)]

Biz Secure Labs (P) Ltd. v. Dy. CIT (2022) 220 TTJ 1028 (Pune)(Trib)

S. 80IC : Special category States-Software development-Non-eligible unit-R&D Center-Apportionment of cost-Matter remanded-Deduction under S. 80IC has to be restricted only to the transfer of CD writing activity of the Parwanoo unit to the Pune unit and not beyond that-Entire disallowance made by the AO in respect of sales made to third parties cannot be upheld-Partial disallowance affirmed while computing the Arm’s length Price. [S. 80IA(8), 80IA(10), 80IC, 92C, 92CA(4)]

Sunil Vishambaharnath Tiwari v. ITO (2022) 215 TTJ 617/ 210 DTR 41 (Nag)(Trib)

S. 80IB(10) : Housing projects-Deduction is to be allowed if the architects certificate is issued though the return is filed within time under Section 139(4) of the Act. [S. 139 (4)]

Nandan Associates v. ITO (2022) 216 DTR 409 / 97 ITR 35 (SN) / 219 TTJ 114 / 145 taxmann.com 309 (SMC) (Pune)(Trib)

S. 80IB(10) : Housing projects-VAT liability pertaining to earlier years arising during relevant Assessment Year-Allowable expenditure; VAT pertaining to eligible projects cannot be claimed as deduction against income of non-eligible project merely for absence of revenue in eligible projects. [S. 145]

Bridge India Fund, New Delhi v. ACIT ( Mum)( Trib) www.itatonline .org

S. 144C : Reference to dispute resolution panel – Procedure for filing objections –Natural justice – Form No 35A signed by the Advocate –Authorised Representative is not entitle to verify and sig the Form No 35A – Dismissal of objection by DRP without giving an opportunity to rectify the defects is violation of principle of natural justice – The Tribunal directed the Assessee to file objections before LD DRP within 30 days from the date of receipt of this order duly verified in accordance with law and directed the DRP to decide the objection in accordance with the law. [S. 2(7) , 2(31), R. 2(vi), 4(1) , 5, 7 , 9, Form No 35A]

Dy. CIT v. Kishor Shankar Garve (2022)97 ITR 49 (SN) (Pune) (Trib)

S. 80IB(10) : Housing projects-Revised return-Survey-Deduction made in original return withdrawn in revised return-No evidence to claim that deduction withdrawn due to pressure of Assessing Officer during survey-Plea to direct CIT (A) to allow deduction not sustainable.[S. 80A(5),133A, 139(1)].

ACIT v. Vijay Tukaram Raundal (2022) 219 TTJ 641 /218 DTR 129 / (2023) 147 taxmann.com 53 (Pune)(Trib)

S. 80IB(10) : Housing projects-Builder and developer-Approval by local authority on 30-3 2013-Completion certificate on 30-3-2013-Not eligible for deduction.

Dy. CIT v. Joy Syndicate And Enclave Pvt. Ltd. (2022)99 ITR 49 (SN) (Jaipur)(Trib)

S. 80IB(10) : Housing projects-Earlier order of CIT(A) was accepted-Matter remanded.