Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Capgemini Technology Services India Ltd. v. Dy. CIT (2022) 220 TTJ 409 (Pune) (Trib)

S. 74 : Losses-Capital gains-Amalgamation-Carry forward and set off-Long-term capital loss of amalgamating company-The benefit of carry forward and set-off has to be allowed to the amalgamated company-.Section 72A applies only in respect of accumulated losses and unabsorbed depreciation under the head Profits and gains of business or profession. [S. 72A]

ACIT v. J.P. Morgan India Investment Co. Mauritius Ltd (2022) 220 TTJ 281// 219 DTR 1 / (2023) 198 ITD 392 (Mum) (Trib)

S. 74 : Losses-Capital gains-Carry forward and set off by non-Resident-Capital losses which have been brought forward from earlier years have to be carried forward to the subsequent years without setting off the same against the capital gains of the relevant assessment year-DTAA-India-Mauritius. [S. 90, Art. 13(4)]

Dy. CIT v. Quant Securities Pvt. Ltd. (2022) 98 ITR 83 (SN)(Mum) (Trib)

S. 73 : Losses in speculation business-Loss incurred on shares and derivatives could not be treated as speculation Loss-Gross total income comprised mainly of income from other sources much greater than income from business. [S.73, Expln.]

Piramal Enterprises v. Addl. CIT (2022) 216 TTJ 802 (Mum)(Trib)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Amalgamation scheme approved by High Court-All three conditions of s. 72A(2) cumulatively and required of rule 9C fulfilled-Intention behind merger ratified-AO rightly directed by CIT(A) to allow set off losses of amalgamating company in hands of the assessee. [S. 72A(2)]

Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Losses of amalgamating company-High Court approved the scheme of merger-The merger scheme cannot be disturbed by the Revenue by merely alleging that the merger was only to buy losses and that it is a colourable device. [R. 9C Companies Act, 1956 S. 391(7)]

ACIT v. Hotel Leela Venture Ltd. (2022) 219 TTJ 1087 / 218 DTR 233 / (2023) 146 taxmann.com 350 (Mum)(Trib)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Assessing Officer had rejected claim for carry forward of business loss-loss is not available to set off. [S. 79]

Supertech Forgings (India) Pvt. Ltd. v. DCIT (2022) 217 TTJ 161/ 214 DTR 33 (Asr)(Trib)

S. 69C : Unexplained expenditure-Bogus purchases-If purchases are accepted in subsequent years, information/reasons based solely on investigation wing report and on statement recorded of third party with no independent satisfaction of AO, no opportunity to cross-examine parties then reopening and addition not sustainable [S. 143(3), 147, 148]

Shri Jeen Mata Buildcon (P) Ltd v. ITO (2022) 97 ITR 706 (Jaipur)(Trib)

S. 69C : Unexplained expenditure-Cash credits-Method of accounting-Unexplained expenditure-Difference between amount reflected in books of account and in Form 26AS-No defects in the books of account-Addition was deleted [S.68, 133(6), 145, Form No 26AS]

Young Indian v. ACIT (E) (2022)95 ITR 33 / 218 TTJ 1 (Trib) (SN) (Delhi)(Trib)

S. 69C : Unexplained expenditure-Expenditure on raising of loan-Notional and hypothetical addition-Cannot be sustained.

Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)

S. 69C : Unexplained expenditure-Miscellaneous expenses-Self made vouchers-Allowable as deduction.