Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT(E) v. Mumbai Railway Vikas Nigam Ltd. (2021) 87 ITR 1 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Registered under Companies Act, 1956-No profit motive-Collection of fees or cess-No requirement that the applicant must be trust-Denial of exemption is held to be not justified. [S. 2(15), 12AA(3) Companies Act, 1956, S. 25, 617]

Roland Educational and Charitable Trust v. Dy.CIT (2021) 87 ITR 51 (Cuttack)(Trib.) Roland Institute of Pharmaceutical Science v. Dy.CIT (2021) 87 ITR 51 (Cuttack)(Trib.)

S. 10 (23C) : Educational institution-No activity carried on other than educational purposes-Exemption cannot be denied-land sold at fair market value-Approval cannot be denied-Direction of the High court was not followed-Order barred by limitation. [S. 10(23C)(vi), 12A, 147, 148]

Eicher Motors Ltd v. CIT (2021) 86 ITR 530 (Delhi)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deemed dividend-Order was passed after considering the reply and application of mind-Revision is held to be bad in law. [S. 2(22)(3), 143 (3)]

Nalco Company, USA v. CIT (2021) 86 ITR 564 / 210 TTJ 369 / 200 DTR 275 (Pune)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Examining the issue in the course of assessment proceedings-No discussion in the assessment order-Order is not erroneous-Interpretation-Provision inserted from date in midst of financial year-Procedural aspect-Prospective in nature.

V. Ramprasad Raju v. CIT (2021) 86 ITR 33 (SN) (Bang.)(Trib.)

S. 158BC : Block assessment-Undisclosed Income-No incriminating material found during search-Addition cannot be made-Delay in filing return-Interest payable till date of original assessment order–No provision to charge interest beyond date of original assessment. [s. 158BFA(1)].

Abhishek Verma v. Dy. CIT (2021) 86 ITR 460 (Delhi)(Trib.)

S. 158BC : Block assessment-Undisclosed income-Incriminating material was found-Explanation was not satisfactory-Addition was held to be justified-Limitation-Panchnama-Limitation starts only from date of third panchnama-Not barred by limitation. [S. 158BE]

Uttarakhand Uthan Samiti v. ITO (2021) 86 ITR 695 (Delhi)(Trib.)

S. 153D : Assessment-Search-Approval-Charitable Trust-Siphoning off of funds by founder-Approval given on same day by Additional Commissioner Stationed 250 Kms. away from Assessing Officer’s Office-No record regarding movement of files-Approval given without application of mind-Assessment null and void. [S. 10(23C) 12AA, 153A]

Sensitive Vanijya P. Ltd. v. ACIT (2021) 86 ITR 99 (Kol.)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating material-Addition not sustainable-Share application money-Share premium-Identity of share holder established-Addition was held to be not valid. [S. 68]

ACIT v. Arvind Srinivasan (2021) 86 ITR 84 (Chennai)(Trib.)

S. 153A : Assessment-Search-Unproved expenditure-No incriminating material was found-Ad-hoc expenditure of fifty percent of expenditure is held to be not sustainable. [S.132]

Vijeta Shukla (Smt.) v. Dy. CIT (2021) 86 ITR 169 (Lucknow)(Trib.)

S. 147 : Reassessment-Recorded reasons-No addition was made on the basis of recorded reasons-Addition was made on long term capital gains-Reassessment was not valid. [S. 148]