Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. TV Today Network Ltd. (2022) 289 Taxman 132 / 217 DTR 1/ 328 CTR 204 (Delhi)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Recording of satisfaction is mandatory-Disallowance cannot exceed exempt income. [R. 8D]

CIT, LTU v. Canara Bank. (2022) 142 taxmann.com 361 (Karn)(HC) Editorial : Notice issued IN SLP filed by the Revenue, CIT, LTU v. Canara Bank. (2022) 289 Taxman 82 (SC)

S. 14A : Disallowance of expenditure-Exempt income-Not incurred any expenditure in earning dividend income-No disallowance could be made. [R. 8D]

CIT v. Durga Charitable Society. (2022) 289 Taxman 706 (All)(HC)

S. 11 : Property held for charitable purposes-Running educational institution to students and staff-Hostels for students-Incidental to providing education as per object of trust-Charitable purpose-Entitle to exemption. [S. 2(15)]

Premila Bhatia v. CIT (2022) 289 Taxman 527 (Cal.)(HC)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Religuished charge as Managing Director and took over as advisor-Denial of exemption was not justified-Order of Tribunal was held to be utterly perverse, non speaking and without taking note of the factual position which has been brought out by the the CIT(A). [S. 254(1), 260A]

Subex Ltd v. Dy.CIT (2022) 142 taxmann.com 241 (Karn)(HC) Editorial: SLP of Revenue, dismissed, DCIT v. Subex Ltd. (2022) 289 Taxman 6 (SC)

S. 10AA : Special Economic Zones-Special Economic Zones-Newly established Units-Export turnover-Telecommunication charges attributable to delivery of computer software outside India could not be excluded from export turnover-Telecommunication expenses and insurance charges, representing payment towards standard delivery and not delivery of software, being not incurred in foreign currency were to be excluded from export turnover. [S. 800HHC, 800HHE]

PCIT v. EMC Ltd. (2022) 289 Taxman 29 / (2023) 450 ITR 691 (Cal)(HC)

S. 4 : Charge of income-tax-Retention money-Income to be booked in the year of actual receipt [S. 5, 145]

PCIT v. Chemplast Sanmat Ltd. (2022) 142 tamann.com 515(Mad.)(HC) Editorial: Notice issued in SLP filed by Revenue,PCIT v. Chemplast Sanmat Ltd. (2022) 289 Taxman 168 (SC)

S. 4 : Charge of income-tax-Carbon credit-Capital or revenue-Receipt from sale of carbon credit was a capital receipt and hence not liable to tax. [S. 28(i)]

PCIT v. Govind Promoters (P.) Ltd. (2022) 289 Taxman 42 (Cal.)(HC)

S. 2(22)(e) : Deemed dividend-Unsecured loan from group company-Paid back with interest in same year-Deletion of addition is valid. [S. 260A]

CIT v. M.R. Anandaram (HUF) (2022) 289 Taxman 121 / 216 DTR 432/ 328 CTR 90/(2023) 450 ITR 94 (Karn.)(HC)/Editorial: SLP of Revenue is dismissed , CIT v. M.R. Anandaram ( 2023) 453 ITR 757 ( SC)

S. 2(14)(iii) : Capital asset-Agricultural land-Capital gains-agricultural lands converted for non-agricultural purpose-lands did not fall within 8 kms from Municipality of Bangalore-Continued agriculrural operation-Mere inclusion of land in Special Zone without any infrastructure development does not convert land into non-agricultural land-Not liable to capital gain tax. [S. 45]

PCIT v. Central Bank of India. (2022 ) 142 taxmann. com 183 ( Bom)(HC) Editorial: Notice was issued in SLP filed by Revenue , PCIT v. Central Bank of India. (2022) 289 Taxman 1 (SC)

S. 115JB : Book profit – Banking Companies – Prior to amendments by Finance Act , 2012 ,provision is not applicable to Banking companies . [ Banking Regulation Act, 1949 ]