Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DJ Surfactants v. National E-Assessment Centre, ITD (2021) 437 ITR 519/ 281 Taxman 316 (Delhi.) (HC)

S. 143(3): Assessment – Cash credit – Personal hearing was not given – Violation of principle of natural justice – Order was set aside. [ S.68, 220 ]

Karnataka State Industrial and Infrastructure Development Corporation Ltd v. Dy. CIT (2021) 281 Taxman 312 (Karn.) ( HC)

S. 143(2) : Assessment – Notice – Additions are made without issue of notice – Matter was remanded [ S. 143 (3) ]

Karnataka State Industrial and Infrastructure Development Corporation Ltd v. Dy. CIT (2021) 281 Taxman 312 (Karn.) ( HC)

S. 115JB : Book profit – Exempt income – Disallowance of expenditure made under section – No addition can be made while computing book profits-Reduction of provision for bad and doubtful debt written back- Addition cannot be made for purpose of computing book profit . [ S.14A, 36( 1) (vii) ]

CIT v. Karnataka Power Corporation Ltd. (No. 2) (2021)436 ITR 292 / 281 Taxman 600 (Karn) ( HC)

S. 115JB : Book profit – Power generating company –Additional ground – Provision is not applicable .[ S. 254(1) ]

CIT (IT) v. IBM World Trade Corporation (2021) 281 Taxman 265 (Karn.) (HC)

S. 115A : Foreign companies – Tax – Royalty –Entitled to adopt rate of tax payable on royalty income in respect of both agreements entered into before 1-6-2005 as on or after 1-6-2005 as per provisions of section 115A(1)(b) or provisions of Article 12 of Indo-US DTAA, which were more beneficial- DTAA -India -USA [ S.90 , Art , 12 ]

PCIT v. Quepem Urban Co-Operative Credit Society Ltd. (2021) 438 ITR 631 /281 Taxman 245 / 203 DTR 141 (Goa) (Bom.) (HC)/VPK Urban Co-Operative Credit Society Ltd. (2021) 438 ITR 631 / 203 DTR 141 / 281 Taxman 245 (Goa ) (Bom) (HC)

S. 80P : Co-operative societies – Credit society – Credit facility to its members – Exemption allowable [ S.80P(2)(a)(i) ] S. 80P : Co-operative societies – Credit society – Credit facility to its members – Exemption allowable [ S.80P(2)(a)(i) ]

CIT v. Saroja Naidu (2021) 281 Taxman 305 (Mad.) (HC )

S. 49 : Capital gains – Previous owner – Cost of acquisition – Indexation – Inheritance – Indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset and not year in which assessee became owner of asset- Property outside India – Entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 [ S. 2(42A, )45, 48(iii) ,49(1)(iii)(a), 54, 54F ]

PCIT v. Mphasis Ltd. (2021) 281 Taxman 206 (Karn.) (HC)

S. 43(5) : Speculative transaction – Foreign exchange fluctuation – Forward contract- Not speculative in nature – Allowable as revenue expenditure [ S.37 (1) ]

Karnataka State Co-op. Apex Bank Ltd v. Dy. CIT (2021) 281 Taxman 2 / 207 DTR 351/ 323 CTR 730 (Karn.)

S.37(1): Business expenditure – Monetary incentive to its members – Allowable as deduction

CIT v. Karnataka Power Corporation Ltd (No. 2) (2021) 436 ITR 292/ 281 Taxman 600 (Karn.) (HC).Editorial: SLP granted to the Revenue , CIT v. Karnataka Power Corporation Ltd ( 2022) 286 Taxman 561 ( SC)

S.37(1): Business expenditure – Prior period expenditure – Held to be allowable