Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Laura Entwistle v. UOI [2023] 454 ITR 345 / 148 taxmann.com 251 / 292 Taxman 429/ 333 CTR 172/ 226 DTR 401 (Bom.)(HC)

S. 10 (23C) : Educational institution- American Trust Established In India Solely for educational purposes with permission granted by Central Government – American organisation incurring expenses in support of Indian Trust and repatriating amounts to it-Amounts received utilised for purposes of education in India-Entitled to exemption. [S. 10(23C)(vi), 10(22), 11(5), Art. 226]

Sunil Wamanrao Sakore v. UOI [2023] 293 Taxman 644/ 152 taxmann.com 132 / 454 ITR 659 / 332 CTR 641 (Bom)(HC)

Direct Tax Vivad Se Vishwas Act, 2020, (2020) 422 ITR 121(St)

S. 3: Amount payable by declarant – Disputed tax – Amount paid by assessee under IDS, 2016 which was lying with revenue should be adjusted while determining tax payable by assessee under DTVSV Act. [S. 4, Finance Act, 2016, S. 191 ]

Kartik Pravinchandra Mehta v. PCIT [2023] 149 taxmann.com 482 / 293 Taxman 81/(2024) 470 ITR 31 (Bom)(HC)

Direct Tax Vivad Se Vishwas Act, 2020, (2020) 422 ITR 121(St)

S. 5: Time and manner of payment- Filing of declaration and particular to be furnished – Short payment of tax of Rs.300 before specified date – Directed to accept the declaration by paying interest of 10% on balance payment of tax. [ S. 4, Art, 226]

Rajpal Lakhmichand Arya v. PCIT [2023] 150 taxmann.com 184//333 CTR 324/ ( 2024) 461 ITR 79 (Bom)(HC)

Direct Tax Vivad Se Vishwas Act, 2020, (2020) 422 ITR 121(St)

S. 3: Amount payable by declarant – Disputed tax – Rectification order – Reduction or increase in income and tax liability – Disputed tax would be calculated after giving effect to said rectification order passed- The respondents are directed to act in furtherance of the petitioner’s declaration by way of Form-3, dated 18th January 2021 in accordance with the clarification of the Act of 2020. [ S.2(1)(J), 154, Art, 226 ]

Agarwal Industrial Corporations Ltd. v. UOI [2023] 455 ITR 404 /150 taxmann.com 438 (Bom)(HC)/ Agarwal Industrial Corporations Ltd. v. UOI [2023] 332 CTR 861 / ( 2024) 461 ITR 74 (Bom)(HC)

Direct Tax Vivad Se Vishwas Act, 2020, (2020) 422 ITR 121(St)

S. 3: Amount payable by declarant – Disputed tax –Bogus purchases – Tax to be calculated after giving effect to the order of the Tribunal – Competent Authority was directed to grant the certificate after determining the tax payable giving effect to the order of the Tribunal [ S. 2(1)(j)(B), Art, 226 ]

PCIT v. Jagdish Thakkar [2022] 145 taxmann.com 414 (Bom)(HC)

S. 69C: Unexplained expenditure -Resale of industrial goods – Payments through account payee cheque – Disallowance of 10 percentage of purchases – Order of Tribunal affirmed [ S. 133(6), 260A

E-Land Apparel Ltd v. ACIT ( 2023) 453 ITR 16 ( Bom) (HC) www.itatonline.org .

S.147: Reassessment – After the expiry of four years – Interest and property tax paid subsequently after slump sale- Claimed as deduction in the year of payment – Amount disclosed in tax audit report relying on case law – Reassessment notice for incorrect claim- Change of opinion – Reassessment notice was quashed. [ S. 43B, 44AB, 148 , Art , 226 ]

PCIT v. Maharashtra State Warehousing Corporation (2023) 451 ITR 178 /149 taxmann.com 372 (Bom)(HC)

S. 80IA:Industrial undertakings – Infrastructure development-Inland container depot and container freight station – Entitled to the deduction.[ S.80IA(4), 260A ]

PCIT v. Indravadan Jain, HUF (2023) 156 taxmann.com 605 //(2024)463 ITR 711 ( Bom)( HC) www.itatonline .org

S. 45 : Capital gains -Penny Stock – Cash credits –Accommodation entries – DMAT account and contract note showed details of share transaction- Assessing Officer had not proved said transaction as bogus, capital gain earned on said transaction can not be treated as cash credits – Addition as cash credit was deleted- Order of Tribunal allowing the exemption was affirmed . [ S. 10(38), 68 ]

ACIT v. Ashok W. Wesavkar ( TM) ( Mum)( Trib) www.itatonline .org

S.2(14)(iii): Capital asset-Agricultural land-Sale of agricultural land – Land revenue record shown as “ Lagavadi Yogya Sherta “ ( Cultivable land )- Vegetables and minor millets grown – Land situated in Raigad District – No condition is prescribed under the provision of section 2(14)(iii) of the Act that active agricultural activity should be there at the time of sale of the land – Only condition that it must be agricultural land – Consideration received is not liable to be taxed as capital gains .[ S. 45, 54B , 131 ]