Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Narender Kumar Anand v. PCIT (2023) 290 Taxman 386 (Delhi)(HC)

S. 145 : Method of accounting-Rejection of accounts-Wholesale trader-Estimation of GP at 2% is held to be proper. [S. 260A]

Sanmina-SCI India (P) Ltd. v. Dy. CIT (2023) 459 ITR 487/ 290 Taxman 560 (Mad.)(HC)

S. 144C : Reference to dispute resolution panel-Transfer pricing-Limitation-Order of Appellate Tribunal received by the AO in 2016 remanding the matter to DRP-DRP passed the order on 28-2-2020-Limitation for passing the order expired on 31-3 207-Direction and order passed by DRP on 28-2-2020 was barred by limitation. [S. 92CA, 153, 254(1), Art. 226]

Urdu Education Society v. NFAC (2023) 290 Taxman 449 (Bom.)(HC)

S. 144B : Faceless Assessment-Principle of natural justice-Only four days’ time was given-Order was quashed and set aside [S. 11, Art. 226]

Narayanan Kollakkil Kutty v. PCIT (203) 290 Taxman 577 (Kar.)(HC)

S. 119 : Central Board of Direct Taxes-Intimation-Defective return-Failure to file audit report-Commissioner has the power to condone the delay-Order rejecting the application was quashed. [S. 119(2)(b), Form 3CB, Art, 226]

PCIT v. Krishi Rasayan Exports (P.) Ltd. (2023) 290 Taxman 567 (Cal.)(HC)

S. 115JB : Book profit-Interest subsidy and excise refund-Capital receipt for purpose of book profit. [S. 4]

PCIT v. Amadeus India (P.) Ltd. (2023) 290 Taxman 201 (Delhi)(HC)

S. 92C : Transfer pricing-Arms’ length price-No addition can be made when any arrangement or transaction is an international transaction.

CIT v. Madras Medical Mission (2023) 290 Taxman 556 (Mad.)(HC)

S. 80G : Donation-Capitalisation fee-Show cause notice for cancellation of registration-Remanded to Commissioner to pass a fresh order on an application filed by assessee after further order was passed in show cause notice seeking to cancel the registration granted. [S. 12A, 80G(5), R. 11A]

SNJ Distillers (P.) Ltd. v. DIT (Inc.) (2023) 290 Taxman 264 (Mad.)(HC)

S. 69A : Unexplained money-The direction of CIT(A) to give credit of Rs 50 lakhs was not complied with by the Assessing Officer-Court directed the petitioner to file an appeal before CIT(A). [Art. 226]

Kariyagoundanur Muthusamy Chettiar Chinnadurai v. ACIT (2023) 290 Taxman 308 (Mad.)(HC)

S. 68 : Cash credits-Violation of the principle of natural justice is not fatal-Issue on the identical issue pending before Appellate Authority-Writ petition against the assessment order was dismissed. [Art. 226]

PCIT v. Satkar Infrastructure (P.) Ltd. (2023) 290 Taxman 400 (Delhi)(HC)

S. 68 : Cash credits-Share premium and share capital-Identity creditworthiness and genuineness of transactions were established-Order of Tribunal affirmed. [S. 260A]