Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Jagson International Ltd. (2022) 97 ITR 176 (Delhi) (Trib)

S. 115VD : Shipping business-Qualifying ship-Exemption-Tonnage Tax-Ship not offshore Installation-CIT (A) justified in allowing exemption.

Shipping Corporation Of India Ltd. v. Dy CIT(LTU) (2022)96 ITR 32 (SN) (Mum) (Trib)

S. 115VC : Shipping business-Presumptive tax-Tonnage tax-Core Activity-Income from excess provision written back-To be included in turnover of core activity-Reimbursement from managed vessels-Matter remanded for verification. [S. 115VJ]

ACIT v. Buhari Holdings Pvt. Ltd. (2022)96 ITR 41 (SN) (Chennai) (Trib)

S. 115VC : Shipping business-Presumptive Tax-Tonnage Tax-Assessee Part Owner of Qualifying Ship-Entitled to benefit of tonnage tax claimed according to definite and ascertainable share in terms of agreement with other co-Owners. [S. 115VH]

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

S. 115JC : Special provisions for payment of tax by certain persons other than a company-Housing project-Does not excludes its application in respect of housing projects approved under section 80IB(1) prior to its insertion-Appeal was dismissed.[S.80IB(1), 800IB(10)]

Piramal Enterprises v. Addl. CIT (2022) 216 TTJ 802 (Mum)(Trib) Editorial: CIT v. Tainwala Chemicals and Plastics India Ltd. [2013] 215 Taxman 153 (Bom.) (HC) distinguished.

S. 115JB : Book profit-Provision for bad and doubtful debts-Added back while computing book profit. [S.115HB(2)]

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

S. 115JB : Book profit-Bad and doubtful debts-Required to be added back.

Dy. CIT v.Jagson International Ltd. (2022) 97 ITR 176 (Delhi) (Trib)

S. 115JB : Book profit-Shipping company-Profits derived by tonnage tax is excluded from book profits.[S. 115VO]

Supertex Industries Ltd. v. Dy. CIT (2022)99 ITR 33 (SN)(Mum) (Trib)

S. 115JB : Book profit-Sick Industrial Company-Net worth of assessee-company turning positive in assessment year in question Not eligible for exclusion of profits from chargeability of book profits tax-Even though time-frame of rehabilitation scheme not completed [S. 115JB, Exppln.1(vii), Sick Industrial Companies (Special Provisions) Act, 1985, S. 3(1)(o)]

Karnataka State Beverages Corporation Ltd. v. ACIT (2022) 99 ITR 325 (Bang) (Trib)

S. 115JB : Book profit-Failure to issue notice-Computation is valid.

Nahar Industrial Enterprises Ltd. v. Dy. CIT (2022) 99 ITR 562 (Chad) (Trib)

S. 115JB : Book profit-Adjustment of disallowance cannot be made while computing book profits. [S. 14A, R,8D]