Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sikha Sanjay Sharma (Mrs ) v.DCIT (2022) 195 ITD 178 ( Ahd)( Trib)

S. 10(38) : Long term capital gains from equities – Sale of shares – Taxable loss cannot be set off against income from tax under Chapter III- Short term capital loss arising on sale of shares cannot be set off against long term capital gains from sale of shares which are exempt u/s 10(38)- Revenue was not justified in disallowing assessee’s claim for carry forward of loss. [ S. 45 ]

Ajit Bapu Satam v. Dy. CIT CIT (2022) 220 TTJ 153 / 218 DTR 119 / (2023) 147 taxmann.com 222 (Mum)(Trib.) www.itatonline .org

S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)] S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)]

The Indian Institute of Architects v. ITO (Mum)( Trib) www.itatonline .org

S. 11 : Property held for charitable purposes – Education – Study and promote the latest development in the filed of Architecture – Mere surplus arising as a result of charitable activities the Institution does not cease to be a charitable institution – Entitle to exemption. [ S. 2(15), 12A, Architect Act , 1872 ]

ACIT v. DA Jhaveri (2022) 94 ITR 35 (SN) (Mum.)(Trib.)

S. 271G : Penalty-Documents-International transaction-Transfer pricing-Transactional Net Margin Method-Bifurcation of profits-Failure to furnish the details-Deletion of penalty is held to be valid. [S. 273B, R. 10D(1)]

Mahanagar Telephone Nigam Ltd. v. Dy.CIT (2022) 94 ITR 44 (SN) (Delhi)(Trib.)

S. 271BA : Penalty-Failure to furnish reports-International transaction-Transfer pricing-Reasonable cause-Penalty cancelled. [S. 92E, 273B]

Shoreline Hotel Pvt. Ltd. v. Dy.CIT (2022) 94 ITR 18 (SN) (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Relevant limb specifying charge not struck off-Penalty not leviable.

Sheth Ship Breaking Corporation v. JCIT (2022) 94 ITR 38 (SN) (Ahd.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Valuation of closing stock-Less than cost price-Levy of penalty was quashed.

Pawan Garg v. ACIT (2022) 94 ITR 159 / 217 TTJ 20 (SMC) (Chd.) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Bonafide mistake-Claim with respect to Long term capital loss.

Proform Interiors Pvt. Ltd. v. ACIT (2022) 94 ITR 63 (SN) (Delhi) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Non-striking off of relevant limb-lack of recording proper satisfaction by AO whether there was concealment of income or furnishing of inaccurate particulars of income by the Assessee-Non application of mind by AO-Levy of penalty is not valid. [S. 274]

Niagara Financial Consultants Pvt. Ltd. v. PCIT (2022) 94 ITR 24 (SN) (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest on borrowed capital-Loans utilised for purchase of properties and assets-Revision is held to be not valid. [S. 36(1)(iii)]