Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Organon India Pvt Ltd (2023) The Chamber’s Journal – April – P. 133 ( Cal )( HC)

S. 92C : Transfer pricing – Arm’s length price -Outsourcing its manufacturing activity – Advertisement , marketing and promotion expenses – Transfer pricing adjustment is not justified . [ S. 92B ]

Subex Ltd v. DCIT ( 2023) The Chamber’s Journal- March P. 119 ( Karn )( HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source – TDS was deducted on provision – Provision was reversed in next year – Parties are not identified – Addition for failure to deduct tax was held to be not justified [ S. 194J ]

CIT ( E) v. Servants of People Society ( 2022) 145 taxmann.com 145 ( Delhi)( HC) Editorial: Followed CIT(E) v. Ahmedabad Urban Development Authority (2022)449 ITR 1 / 329 CTR 297/219 DTR 209// 143 taxmann.com 278 (SC), SLP of Revenue was dismissed, CIT ( E) v. Servants of People Society( 2023) 290 Taxman 127 (SC)

S. 11: Property held for charitable purposes – Publishing newspaper – Denial of exemption is not justified [ S. 2(15),10(23C(iv)), 12A, 80G ]

ACIT v. K. B. Developers (2021) 189 ITD 344 /(2022) 95 ITR 176 / 210 DTR 317 / 216 TTJ 68 (2022) 95 ITR 176 (Kol) ( Trib)

S. 37(1):Business expenditure – Commission — Person who received commission confirming it by filing return of income — No evidence to show that money paid as commission has come back to assessee — Allowable as deduction .

Tumkur Minerals Pvt. Ltd. v .JCIT (2023) 330 CTR 177/ 291 Taxman 340 (Bom)( HC)

S.147: Reassessment – After the expiry of four years – No failure to disclose material facts – What material facts are not disclosed is not pointed out -Notice and order disposing the objection was quashed. [S.147, 148, Art , 226 ]

Vijay Ramanlal Sanghvi v. ACIT (2023) 330 CTR 424/ 146 taxmann.com 55 (Guj.)( HC)

S.147 :Reassessment – After the expiry of four years – Loan -Accommodation entries -Documents produced during assessment proceedings- No failure to disclose material facts- Notice and order disposing the objection was quashed . [S. 68, 148 , Art , 226 ]

Viswabharathi Medicals v. ITO (2023) 330 CTR 445 / 221 DTR 309 (Ker)( HC )

S.148 :Reassessment – Order disposing the objection – Judgments relied upon by petitioner not applicable- Order disposing the objection was up held [S.147, Art , 226 ]

U.S Associates v. PCIT (2023) 330 CTR 317(Chattisgarh)( HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessing Officer cannot travel beyond show cause notice- CBDT Circular dated 11.5. 2022 applicable if amount of income which has escaped tax is less than Rs. 50 lakhs- Order was quashed .[ S. 148A(b), 148(A)(d), Art , 226 ]

Savithri Naidu v. ACIT (2023) 330 CTR 200 / 212 DTR 462 (Mad)( HC)

S. 153A: Assessment – Search or requisition- Order was not barred by limitation – Seized material was handed on 27 -8 -2019 – Writ petition was dismissed- Directed to pursue alternative remedy . [S.153C(2) Art , 226 ]

Narayan Devarajn Iyengar v. ITO (2023) 201 ITD 503/ 223 TTJ 905( Mum)( Trib) www.itatonline .org

S. 4 : Charge of income-tax – Alternative accommodation –Redevelopment agreement – Corpus monetary consideration -Rent for alternative accommodation – Hardship allowance – Capital receipt not taxable . [ S. 56 ]