Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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S. 80IB(10) : Housing projects-Revised return-Survey-Deduction made in original return withdrawn in revised return-No evidence to claim that deduction withdrawn due to pressure of Assessing Officer during survey-Plea to direct CIT (A) to allow deduction not sustainable.[S. 80A(5),133A, 139(1)].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

Dy. CIT v. Sahara India Sahkari Awas Samiti Ltd. (2022)98 ITR 634 (Delhi) (Trib)

S. 80IB(10) : Housing projects-Commercial space-Developer-Provision application prospectively-Completion of project before specified time-Proof not produced before lower authority-Matter remanded.

Hyagreeva Hotels and Resorts Pvt. Ltd v. Dy. CIT (2022)97 ITR 70 (SN.) (Bang) (Trib)

S. 80IB(7) : Hotel business-Return-Failure to file return within due date-Not eligible deduction-Directed to decide as per direction of the CBDT. [S.10A, 80AC, 119(2B) 139(1)]

TATA Chemicals Ltd. v. Dy. CIT (2022)95 ITR 134/ 216 TTJ 402 (Mum)(Trib)

S. 80IB : Industrial undertakings-Subsidy-Profits derived from business-Subsidies given by Government to enable sale to Farmers at, or below, maximum retail price-Form part of business profits-Subsidy eligible for deduction. [S. 2(24)(xvii), 148]

Jindal Steel and Power Ltd v. Add. CIT (2022)97 ITR 516 (Delhi) (Trib)

S. 80IA : Industrial undertakings-Infrastructure development-Fair market value-Price sold by State Electricity Board to consumers-Not at which the price is supplied by assessee to State Electricity Board. [S. 80IA(8)]

Dy. CIT v. Halliburton Technology Industries Pvt. Ltd. (2022) 99 ITR 699 (Pune) (Trib)

S. 80IA :Industrial undertakings-Infrastructure development-Abnormal profits-Eligible for deduction. [S.10B(7), 80IA(7), 115JB]