Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Canadian Specialty Vinyls v. ITO (2023)104 ITR 76 (SN)(Delhi) (Trib)

S. 80IC: Special category States-Interest from fixed deposits in entities on account of power and electricity connection-Interest derived from eligible business and eligible for deduction-Interest received on insurance claim not derived from eligible business and not eligible for deduction. Condition precedent-Audit report in form 10CCB and tax audit report in form 3CB/3CD filed within prescribed due date but return claiming deduction filed belatedly-Assessee entitled to deduction.[S. 139(1) Form,10CCB]

ABCI Infrastructure P. Ltd. v. Asst. CIT 154 taxmann.com 397/ (2023)104 ITR 95 (Guwahati)(Trib)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Department should take consistent stand in each assessment year.[S.80IA (4)]

Marudhamalai Sri Dhandapani Spinning Mills v. DCIT (Chennai) (Trib)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Failure to file Form No 10CCB along with the return-Directory and not mandatory. [Form No. 10CCB]

Sandhu Builders v. Asst. CIT (2023) 154 taxmann.com 361 /103 ITR 130(Mum)(Trib)

S. 80G: Donation-Donation to charitable institutions-Unaccounted income from deemed sales-Direct cost-total cost-held, AO to revise computation of estimated profit-AO to verify deduction under section 80G.

Telangana State Chapter Indian Radiological and Imaging Association v .ITO (E) (2023)105 ITR 13 (SN)(Hyd) (Trib)

S. 80G : Donation-Registration-selecting of wrong section code while filling the application for registration on provisional basis, not ground to deny permanent registration. Matter remanded back as CIT (A) duty-bound to cross-verify details submitted by assessee at time of issuance of provisional certificate, and issue notice pointing out wrong selection of section code and Grant permission to rectify mistake and consider application for grant of permanent registration. [S. 11, 80G (5)(iii)]

Kalaram Sansthan v. CIT (E) (2023) 201 ITD 749(Pune)(Trib)

S. 80G: Donation-Spent more than 5 percent for religious purposes-Violation of section 80G(5B)-Commissioner is justified in denying the exemption .[S. 12AA, 80G(5B)]

Alnoor Charitable Educational Trust v. CIT (E) [2023] 202 ITD 375 (Amritsar) (Trib.)

S. 80G : Donation-Rejection of application-object of a general public utility-Section 2(15) allows trust to carry on trade, commerce, or business in the course of achieving the object of a general public utility provided the receipts do not exceed 20 percent of total receipts in the previous year-PCIT is directed to adjudicate matter as per the provisions of the Act .[S. 2(15), 11, 80G(5)]

ABCI Infrastructure P. Ltd. v. Asst. CIT (2023) 154 taxmann.com 397 /104 ITR 95 (Guwahati) (Trib)

S. 80AC: Return to be furnished-Audit report-Assessement-Search-A return of income filed in response to notice u/s. 153A of the Income-tax Act, 1961 is to be considered a return filed u/s. 139 of the Act and for all other provisions of the Act, the return u/s. 153A of the Act will be treated as the original return u/s. 139 of the Act-Deduction not to be allowed unless return furnished.[S.139 (1), 153A,Form,10CCB]

Gulu Hassanand Raney v. ADIT (IT)(2023) 201 ITD 63 (Mum)(Trib)

S. 80 : Return for losses-Non-resident Indian-Tax audit-Audit as per Reserve Bank of India permission-Due date for filing of return was 30-9-2016-Return was filed on 17-10 2016-Loss not allowed to be carry forward. [S.44AB, 72,139(1),Explanation 2(a)(ii), 139(3)]

Sawailal Surtaram Bhatti v .ITO (2023)103 ITR 262 (Mum) (Trib)

S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries-information by investigation wing-assessee failed to prove whole purchases as genuine-5 % profit element to be added in purchases. [S. 147,148]