Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gaurav Singh v.ITO (2024) 158taxmann.com350 / 226 TTJ 25 (UO) (Jabalpur (Trib.)

S. 90 : Double taxation relief-Foreign tax credit-Form No. 67 was filed beyond due date of filing of return-Procedural-Not mandatory-Directory-Matter is remanded to Assessing Officer to grant FTC-DTAA-India-Myanmar [ S.139(1), 143(1), R. 128, art.25]

Kasargod Tody Tappers & Shop Workers Co-Operative Society Ltd v. ITO (2023) 224 TTJ 891 (Cochin) (Trib)

S. 80P : Co-operative societies-Tapping toddy from their farms-Sold through licensed shops-Not entitle to deduction. [S.80P(2)(a), 80P(2)(a)(iii), 80P(2)(a)(vi)]

ITO v. The Kakateeya Mutually Aided Thrift & Credit Co-Operative Society Ltd (2023) 226 TTJ 333/ 157 taxmann.com 735 (Visakha) (Trib)

S. 80P : Co-operative societies-Credit facilities to members-Interest on parking surplus funds in fixed deposits-Interest income is allowed as deduction. [ S. 80P(2)(a)(i)]

Gujarat Industries Power Co Ltd v. Dy.CIT(2023) 225 TTJ 333 (Ahd)(Trib)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Liquidated damages-Sale of scrap-Miscellaneous income-Sundry creditors written back-Eligible for deduction.

Hiranandani Health Care (P) Ltd. v. CIT(A)(2023) 225 TTJ 397 /157 taxmann.com 551 (Mum)(Trib)

S. 79 : Carry forward and set off losses-Change in share holdings-Companies which public are not substantial interested-Beneficially held more than 51 per cent of voting powers in both the years-The year in which the loss is incurred and the year in which the loss is sought to be set off-Share holding of one share holder is increased from 40 percent to 85 percent-Set off of brought forward losses is allowable.

Dy. CIT v. Rajnikant Prabhudas Mandavia (2023) 157 taxmann.com 316 / 226 TTJ 778 (Ahd)(Trib.)

S. 69C : Unexplained expenditure-Survey-Loose papers-Cash expenses-Unexplained receipts and expenditure-Order of CIT(A) is affirmed. [ S. 133A]

Dy.CIT v. Shailesh Jivalal Jogani (2023) 225 TTJ 712 (Mum)(Trib)

S. 69A : Unexplained money-Sale of land-Share holders-Unaccounted cash-Addition is deleted.

Hemant Pandya v. ITO(2023) 224 TTJ 610 (Indore)(Trib)

S. 69 : Unexplained investments-Income from undisclosed sources-Gift-Father and mother-Affidavits-Accepted as genuine-Gift from grand mother-Failure to produce evidence-Addition is affirmed. [ S.68]

ACIT v. Meerut Roller Flour Mills (P) Ltd (2023) 225 TTJ 75 (UO)/ 157 taxmann.com 463 (Delhi)(Trib)

S. 69 : Unexplained investments-Genuineness of purchases-Parties have not filed the return-No confirmation from the books of account of those parties-Addition is affirmed.

Harish Kumar Chhabada v. Dy. CIT (2023) 225 TTJ 26 (UO) (Raipur)(Trib)

S. 69 : Unexplained investments-Cash deposits-Sale of unbranded electric items-Profit is estimated at 10% on alleged unaccounted business.