Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Kalthia Engineering and Construction Ltd. (2022) 93 ITR 30 (SN) (Ahd.)(Trib.)/Mll Logistics P. Ltd. v. ACIT (2022)93 ITR 513 (Mum) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made [R.8D]

Himalayan Buddhist Cultural Association v. ACIT (2022) 93 ITR 57 (SN) (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Failure to file Form 10 on time-Form 10B was furnished along with the return-Matter remanded. [S. 11(2) 12A]

Sri Basaveshwar Veerashaiva Vidyavardhak Sangha v. Dy. CIT (2022) 93 ITR 36 (SN) (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Search and seizure-Concluded assessment-Date for issuance of notice under section 143(2) of the Act had already expired-No incriminating material was found for the assessment years in question-Denial of exemption is not valid. [S. 132, 143(2), 153A]

Thankamma Sebastian (Smt.) v. ITO (2022) 93 ITR 25 (SN) (Bang.)(Trib.)

S. 10(34) : Dividend-Domestic companies-Tax on distribution of profits-Dividend received by assessee on Liquidation of company-Dividend declared before liquidation and dividend distribution tax paid by company-Not entitled to exemption of dividend income. [S. 2(22), 10(33), 46(2), 115O]

Komal Gurumuk Sangtani v. ITO ( Mum) ( Trib) www.itatonlime .org Gurumukh I .Sangtani v. ITO ( Mum) ( Trib) www.itatonlime .org

S. 48 : Capital gains – Cost of improvements – Amount spent on property habitable allowable as deduction- Amount spent on refrigerator , air conditioner LED , TVS furniture , dining table etc are personal effects – Not eligible for deduction – Interest on housing loan – Matter remanded to the Assessing Officer [ S. 24, 45 , 133(6) ]

Suminter India Organics (P.) Ltd. v. DCIT (2022) 196 ITD 370 ( Mum)( Trib) www.itatonline .org .

S. 115BAA: Tax on income of certain domestic companies – Levy of tax @ 30% instead at concessional rate @ 22 %- Return of income – Last date for filing Form No. 10IC for AY 2020-21 – Extended to March 31, 2021 – By virtue of the Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020- Entitled to concessional rate @ 22%. [S.115BAA(5), 139(1), Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020, S. 3(1) ]

Mukesh Bhoormal Jain v .ITO (2022) 93 ITR 26 (SN)(Mum) ( Trib)

S.68: Cash credits — Unexplained expenditure — Capital gains —Penny stocks – Accommodation entries – Purchase of shares at premium in off market Transaction — Sale after three years- Report of Investigation Wing-Information never provided nor cross-examination of Individuals allowed — Additions is not valid .[ S. 10(38) 45, 69 ]

Meera Devi Kumawat. (Smt.) v. JCIT (2022) 193 ITD 250 (Jaipur)(Trib.)

S. 271D : Penalty-Takes or accepts any loan or deposit-Amount received from husband-Purchase of plot-Family arrangement-Levy of penalty is not valid. [S. 269SS, 273B]

Sushila Sureshbabu Malge (Smt.) v. ITO (2022) 193 ITD 416 (Mum.)(Trib.)

S. 271B : Penalty-Failure to get accounts audited-Project completion method-Advance received-Not turnover or gross receipt-Bonafide belief-Failure to get audited-Levy of penalty is not valid. [S. 44AB]

Chandra Suresh Kothari v. DCIT (2022) 193 ITD 547 (Nagpur) (Trib.)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Surrender of income-Neither surrendered income nor penalty was initiated on the basis of undisclosed income found during search-Levy of penalty is not valid. [S. 132]