Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Guru Nanak Educational Trust (2022) 288 Taxman 97 (Cal.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Registration-Trust cannot be assessed as an AOP-Order of Tribunal is affirmed. [S. 11]

Nirmithi Kendra v. Dy. CIT(E) (2022) 141 taxmann.com 495 (Ker.)(HC) Editorial : Notice issued in SLP filed by the assessee, Nirmithi Kendra v. Dy. CIT(E) (2022) 288 Taxman 663 (SC)/ Editorial : High Court order is set aside , Nirmithi Kendra v. Dy. CIT (E) (2024) 297 Taxman 382 (SC)

S. 11 : Property held for charitable purposes-Construction activities under State PWD department-2.5 per cent supervision charges-Not entitle to exemption. [S. 2(15), 12A]

H.P. Nursing Registration Council v. PCIT (2022) 288 Taxman 275 / 220 DTR 129 / 329 CTR 737 // (2023) 455 ITR 512 (HP)(HC)

S. 11 : Property held for charitable purposes-Grant-in-aid-One time grant-in-aid from Government of India with a specific purpose of up gradation and strengthening of institutions-Not assessable as Revenue receipts. [S. 2(24)(iia), 2(24)(xviii), 10(23C)(iiiab) 12, 12AA 13, Himachal Pradesh Nursing Registration Council Act, 1977]

Mussoorie Dehradun Development Authority v. Add. CIT (2022) 288 Taxman 113 / 140 taxmann.com 192 /220 DTR 421/ (2023) 331 CTR 451 (Uttarakhand)(HC)

S. 10(20) : Local authority-Development authority-Not state Separate legal entity-fees collected for infrastructure development would be treated as income of assessee and would be liable to be taxed. [U.P Urban, Planning and Development Act, 1973, Constitution of India, 1950, Art. 289]

Arup Ratan Gooptu v. Coal India Ltd. (2022) 288 Taxman 189 (Cal.)(HC)

S. 10(13A) : House rent allowance-Stayed at accommodation provided by employer-Surrendered the accommodation to stay at a hotel at his own expense-Not eligible to receive any HRA from his employer. [IT Rules 1962, R. 3]

CIT (IT) v. J. Ray Mc Dermott Eastern Hemisphere Ltd (2022) 288 Taxman 574 (Bom)(HC) Editorial: Affirmed, ADIT v. J. Ray Mc Dermott Eastern Hemisphere Ltd (2016) 158 ITD 923 /180 TTJ 660 (Mum)(Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Liaison office-Supply of information having preparatory or auxiliary character-Would not constitute Permanent Establishment-DTAA-India-Mauritius. [Art. 5, 2(c), 5(3)(ii)]

PCIT v. Dwarka Prasad Aggarwal (2022) 140 taxmann.com 32 (Delhi)(HC) Editorial : SLP dismissed as with drawn due to low tax effect, PCIT v. Dwarka Prasad Aggarwal (2022) 288 Taxman 16 (SC)

S. 2(22)(e) : Deemed dividend-Trade advances-Security by way of mortgage-Deletion of addition is justified. [S. 132, 153A]

ACIT v . Global Holding Corporation Pvt. Ltd. (Mum)(Trib.). www.itatonline .org

. 147: Reassessment – Cash credits – Share application money – Settlement Commission accepted the returned income as per settlement petition – Reassessment notice was issued on the basis of subsequent search action in the group concern – Assessing Officer has no jurisdiction to issue notice under section 148 of the Act after passing of the order by Settlement Commission – Order of settlement commission is conclusive and cannot be reopened except as provided in that Chapter . [ S. 68 , 148 245D(4) , 245I ]

Talluri Vijay Rahul v. CBDT (2022) 288 Taxman 283/ (2023) 331 CTR 293/ 223 DTR 52 (Telangana)( HC)/Tellur Venkata Narayanamma ( Smt) (2022) 288 Taxman 283/ (2023) 331 CTR 293/ 223 DTR 52 (Telangana)(HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 4: Filing of declaration and particular to be furnished -Time Limits up to 31-3 -2021 – Appeal disposed of by Tribunal on 22-4-2021 – After disposal of appeal declaration was filed – Rejection of declaration is valid [ S. 2(1)(a), 3 , Art , 226 ]

Amit Gupta v. UOI (2022) 288 Taxman 207 /( 2023) 450 ITR 118 (P& H)(HC)

Direct Tax Vivad Se Vishwas Act, 2020
S. 3: Amount payable by declarant – Time and manner of payment – Failure to make the payment within time prescribed – No vested right – Petition was dismissed [ S. 5 , Art , 226 ]