Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Nopany & Sons (2022) 286 Taxman 388 /(2023) 333 CTR 766(Cal.)(HC)

S. 143(2) : Assessment-Notice-Transfer from ITO, Ward-3 to ITO, Ward-4-Order passed by ITO, Ward-4 without issuing notice under section 143(2) of the Act-Order is null and void [S.120, 143(3)]

Chartered Accountants Association v. UOI (2022) 286 Taxman 116 (Guj.)(HC)

S. 139 : Return of income-Difficulties in uploading Audit report-Revenue was directed to attend the technical glitches in portal at the earliest [Art, 226]

PCIT v. MC Nally Sayaji Engineering Ltd. (2022) 286 Taxman 673 (Cal.)(HC)

S. 115JB : Book profit-Retention money-Not to be included in computing book profits.

PCIT v. Kerala State Electricity Board (2022) 137 taxmann.com 85 (Ker.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. Kerala State Electricity Board. (2022) 286 Taxman 438 (SC)

S. 115JB : Book profit-Statutory corporation-Provision is not be applicable to a statutory corporation constituted by notification of State of Kerala. [Electricity Supply Act, 1948, S. 5]

PCIT v. Atria Power Corporation Ltd. (2022) 138 taxmann.com 270 (Karn.)(HC) Editorial : SLP granted to Revenue; PCIT v. Atria Power Corporation Ltd. (2022) 286 Taxman 636 (SC)

S. 115JB : Book profit-Electricity Company-Company engaged in generation and supply of electricity-Not required to prepare its profit and loss account and balance sheet as per Parts II and III of Schedule VI of Companies Act-Provision of book profit not applicable.

PCIT v. Almatis Alumina (P.) Ltd. [2022] 445 ITR 632 / 286 Taxman 378 / 214 DTR 185 / 326 CTR 849 (Cal.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Foreign comparables-Guidance note by ICAI and transfer pricing guidelines issued by OECD do not prohibit foreign AE to be a tested party-Foreign AE could be selected as a tested party-Where segmental results are available, adjustment can be made only on basis of individual transaction and not on aggregation basis. [S. 92E]

Mangalore Electricity Supply Company Ltd. v. Dy. CIT (2022) 136 taxmann.com 428 (Karn.)(HC) Editorial : Notice issued in SLP filed against the order of High Court, Dy. CIT v. Mangalore Electricity Supply Company Ltd. (2022) 286 Taxman 566 (SC)

S. 80IA : Industrial undertakings-Infrastructure development-Electricity distribution-Expenditure on network of a new transmission or distribution line-No requirement of capitalization of said expenditure in books of account-Deduction allowable. [S. 800IA(4)(iv)]

Suraj Bhan Oil (P.) Ltd. v. DCIT (2022) 446 ITR 539/286 Taxman 680/ 334 CTR 813/ 226 DTR 365 (MP)(HC) Editorial : SLP dismissed as withdrawn , Suraj Bhan Oil (P) Ltd v. Dy. CIT (2022) 288 Taxman 635 (SC)

S. 69B : Amounts of investments not fully disclosed in books of account- Assessment-Stock-Value of stock shown in stock statement as on 28-3-2005 submitted to bank was far in excess to value of stock shown in audit report for period ending 31-3-2005-No explanation was offered-Order of Tribunal was affirmed. [S. 143(3),145]

Rakeshkumar Babulal Agarwal v. PCIT (2022) 448 ITR 133 / 213 DTR 115/327 CTR 447/ 286 Taman 617 (Guj.)(HC)

S. 69 : Unexplained investments-Search and Seizure-Seizure of Jewellery-Consignee-Payments were accounted-Addition was held to be not justified-Directed to release of seized jewellery. [S. 132. 153C, Art. 226]

PCIT v. Inland Road Transport Ltd. (2022) 286 Taxman 613 (Cal.)(HC)

S. 69 : Unexplained investments-Recorded in the books of account-Deletion of addition is held to be valid.