Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. MAC Public Charitable Trust( 2022) 219 DTR 385 / (2023) 450 ITR 368/ 333 CTR 15 (Mad)(HC )

S. 10 (23C): Educational institution – Amounts given as donation by relatives of students seeking admission to institution run by Charitable Trust to sister trust — Sister Trust giving amounts to assessee running educational institutions — Amounts given not voluntary contribution But In Reality Capitation Fees — Court Could lift veil of trusts — Not entitled to exemption on sums received from sister Trust – Activities of trust not charitable — Registration to be cancelled – The statements given to the Assessing Officer under section 132(4) had legal force. Unless retractions are made within a short span of time, supported by affidavit swearing that the contents were incorrect and that the statement was obtained under force, coercion and by lodging a complaint with higher officials, they could not be treated as retracted. . [ S.2((15) 11,12, 12AA , 13, 132(4), Tamil Nadu Educational Institutions (Prohibition Of Collection of capitation Fee) Act, 1992 , S.4 ]

Ramchandra Haryani v. UOI (2022) 218 DTR 258 /328 CTR 1085 (2023) 450 ITR 250 (MP)( HC)

S. 139A : Permanent account number –Surrendering permanent account number card on obtaining new card — Notice issued under old card — Court directed the Commissioner to decide which permanent account number was to be used by the assessee for future transactions and Income-tax returns. [ S. 148, 148A(b) Art , 226 ]

ACIT v. Ajit Anantrao Pawar (Mum)(Trib) www.itatonline .org

S. 253: Appellate Tribunal – Maintainability – Consolidated order of CIT(A) for more than one year – One appeal cannot be filed against two reassessment orders for the same assessment year- Income-tax Appellate Tribunal Rules, 1963 –R. 9 -Appeal of revenue was dismissed . [ S. 132, 153C ,ITAT R, 9 ]

Natma Securities Ltd v.ACIT (2022) 145 taxmann.com 291 (Delhi )( Trib)

S. 201 : Deduction at source – Failure to deduct or pay – Late deposit of TDS payment – Payment of TDS to bank would relate to date of presentation of cheque to banker- Mistake of banker the assessee is not liable to pay the interest . [ S . 194A, 201(1), 201(IA) ]

Liladevi Dokania v. ITO ( 2022) BCAJ -January -P. 32 ( Surat )( Trib)

S. 199 : Deduction at source – Credit for tax deducted -Credit for tax deducted at source has to be given even though the amount deducted is not reflected in Form No. 26AS of the payee . [ S. 22 , 143(3), 203 ]

World Quant Research ( India) Pvt Ltd v .CIT , NFAC ( 2023 ) BCAJ – February -P.38( Mum)( Trib)

. 195 :Deduction at source – Non-resident – Deposit of TDS under wrong challan – Authorities directed to correct the demand due to deposit of TDS by wrong challan .

Srinivas Rudrappa v.ITO ( 2022) BCAJ- February – P. 37 ( Bang)( Trib)

S. 194H : Deduction at source – Commission or brokerage – Exhibition of films – Survey – Theatre owner is not liable to deduct tax at source on convenience fee charged by BookMyshow to the end customer and retained by it- Matter remanded . [ S. 133A, 201(IA)) ]

Kulkarni & Sahu Buildcon Pvt Ltd v. DCIT (2023) BCAJ – February -P.39 ( Rajkot )( Trib)

S. 143(3): Assessment – Civil construction -Stock in trade – Amount surrendered in the course of survey – Assessable as business income – Addition cannot be made as income from undisclosed income under section 69 of the Act . [ S. 69, 133A ]

ITO v. Dr. Satish Natwarlal Shah ( 2023) BCAJ – January -P. 33( Ahd)( Trib)

S. 56 : Income from other sources -Gift from relative – There need not be any occasion for receipt of gift from relative [ S.56(2)(v), 68 ]

DCIT v. Sri Sai Lakshmi Industries Pvt Ltd ( 2023) The Chamber’s Journal – January P. 90( Bang )( Trib )

S. 45 : Capital gains -Transfer – Developer –Joint development agreement – Part performance – Only licence was granted to the developer- Not liable to be assessed as capital gains [S. 2(47)(v), Transfer of Property Act , S.53A ]