Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sujan Azad Parikh v. Dy .CIT (2022) 145 taxmann.com 167(2023 198 ITD 83 ( Mum)( Trib)

S. 45 : Capital gains -Transfer – Family arrangement – Sale /Transfer of shares under family agreement as per the directions of CLB (Company law Board ) – Not chargeable to capital gains tax [ S. 2(47) ]

Dy.CIT v. Anju Saraf (2022) 142 taxmann.com 508 (Nagpur )( Trib.)

S. 23 : Income from house property – Annual value – Flat was not habitable – Annual value cannot be added as income of the assessee .[ S. 22, 23(1)(a) ]

Manmohan Textiles Ltd v. NFAC ( 2023) BCAJ -January – P. 32( Mum)( Trib)

S. 10(34) :Dividend – Domestic companies – Tax on distribution of profits – Dividend received during FY. 2019 -20 relevant to AY. 2020- 21 cannot be taxed . [S. 115O, 154 ]

Devendra Babulal Jain v. ITO ( 2023) The Chamber’s Journal -January -P. 89 ( Guj)( HC)

S. 226 : Collection and recovery – Modes of recovery – 20% of tax demand – Liability of directors of the private limited company – Pendency of appeal – Assessing Officer cannot directly initiate recovery proceedings against directors of the company without taking an assertive step for recovery of the outstanding tax due from the Private Limited company [ S. 179, Art , 226 ]

Dr. B.L.Kapur Memorial Hospital v .CIT ( 2023 ) BCAJ- January P. 46 ( Delhi)( HC)

S. 201 : Deduction at source – Failure to deduct or pay – Stay of recovery – Pendency of appeal – Tax Authorities can grant stay against recovery of demand on deposit of a lesser than 20 percent of the disputed demand . [S. 220 (6), Art , 226 ]

Auroglobal Comtrade (P.) Ltd v. CBDT (2022) 143 taxmann.com 120/ (2023) 290 Taxman 84/ 221 DTR 433/ 330 CTR 628 ( Orissa )( HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Participated in the proceedings by filing return and responding to the notice – Writ is not maintainable [s. 147, 148, 148A(b), Art , 226 ]

CS& Sons v. NFAC(2023) BCAJ – February – P. 48 ( Bom)( HC)

S. 144B : Faceless Assessment – Violation of principle of natural justice – Show cause notice – Only two day’s time to file response – Violation of Circular dated 3-8 -2022 – Minimum period of seven days should be provided – Order was set aside [ S. 144(6)(vii),Art, 226 ]

PCIT v. Simon India Ltd ( 2022 ) 145 taxmann.com 389/ (2023) 450 ITR 316 ( Delhi)( HC)

S.37(1): Business expenditure – Marked -to -Market loss – Loss arising on reinstatement of the forward cover purchase contracts – Not speculative -CBDT Instructions and circulars which are contrary to law are not binding – Allowable as revenue expenditure . [ S. 43(5), 73 ]

PCIT v. PEC Ltd ( 2023 ) BCAJ – January P. 44( Delhi)( HC)

.37(1): Business expenditure – Corporate Social Responsibility( CSR)- Explanation 2 was inserted in section 37 by Finance (No.2) Act , 2004 , w.e.f. Ist April , 2015 – Apply in relation to the assessment year 2015 -16 and subsequent years – Expenditure allowable as deduction .

Viraj Exports (P.) Ltd. v. CCIT (TDS) (2022) 289 Taxman 430/ (2023) 457 ITR 451/ 333 CTR 395/ 227 DTR 111 (Delhi)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Compounding of offence-Past conviction for default in depositing of TDS were not disclosed-Order of conviction was under challenge before Supreme Court and stayed-Order of rejection was held to be valid-Untill pending conviction orders with respect to earlier years were set aside. [S. 276B, 278B, Art. 226]