Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Lumino Industries Ltd. v. ACIT (2022) 94 ITR 675 / 215 TTJ 62 / 213 DTR 290 (Kol.)(Trib.)

S. 4 : Charge of income-tax-Accrual of income-Retention money Retained by Electricity Board subject to fulfilment of no-defect or liability-Cannot be treated as income-Sum taxable only in year of receipt or accrual. [S. 5, 145]

The Indian Institute of Architects v. ITO (Mum)( Trib) www.itatonline .org

S. 11 : Property held for charitable purposes – Education – Study and promote the latest development in the filed of Architecture – Mere surplus arising as a result of charitable activities the Institution does not cease to be a charitable institution – Entitle to exemption. [ S. 2(15), 12A, Architect Act , 1872 ]

Ajit Bapu Satam v. Dy. CIT (2023) 147 taxmann.com 222(Mum)(Trib.) www.itatonline .org

S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)]

Institute of Franciscan Missionaries of Mary v. Coimbatore City Municipal Corporation (2022) 445 ITR 152 (Mad.)(HC)

S. 123(e) : Municipal Property Tax-Exemption-Hospital-Hospital run by Society-Objects of society was not purely charitable-Exemption from Income-tax Act, 1961 was not granted-Hospital not exempt from Municipal Property Tax. [IT Act, 1961, S. 11, 12,12A, Companies Act, 2013, S. 135].

Vyasa Plot and Housing Pvt. Ltd. v. Dy. CIT (2022) 445 ITR 454 /218 DTR 136/ 239 CTR 107 (Mad.)(HC) SSD Homes and Estate Developers Pvt. Ltd. v. Dy. CIT (2022) 445 ITR 454 (Mad.)(HC) Sangupathi Properties Pvt. Ltd. v. Dy.CIT (2022) 445 ITR 454 (Mad.)(HC) Anu Plot and Housing Pvt. Ltd. v. Dy. CIT (2022) 445 ITR 454 (Mad.)(HC)

S. 2(1)(a)(i) : Appellant-Protective assessment-Amounts paid under protective assessment must be returned to assessee-Same income cannot be assessed in hands of assessee more than once-The Act is not intended either to collect or retain any amount which is not due from an assessee. Under section 237 under Chapter XIX of the Income-tax Act, 1961, there is no limitation prescribed for granting refund of the amount paid in excess as tax. [IT Act, S. 143(3), 154, 237, 244A, Art. 226]

Amina Khatoon (Mrs.) v. UOI (2022) 445 ITR 367/ 217 DTR 225/ 328 CTR 427 (Telangana)(HC)

S. 2(1)(a)(i) : Appellant-Delay in filing appeal condoned-Deemed to have been filed before expiry of limitation-Rejection of declaration was not valid. [Art. 226]

K. M. Mammen v. CIT (2022) 445 ITR 266 /215 DTR 37 / 139 taxmann.com 57 / 327 CTR 170(Mad.)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Compounding of offences —CBDT Circular issued in 2019-Assessee over 70 years-Discretion to compound offences-Paid tax, penalty and interest-Directed to consider the application for compounding the offence. [S. 119(1), 271(1)(c), 273A, 276C, 277, 279(2), Art. 226]

D. C. Patwari v. K. M. Mammen (2022) 445 ITR 254/ 215 DTR 25 (Mad.)(HC) Editorial: Decision of the single judge in K. M. Mammen v. D. C. Patwari (2022) 445 ITR 234 / 215 DTR 25/ 327 CTR 158 (Mad.)(HC) affirmed.

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Rejection of application for compounding of offences-Contempt proceedings-Directions Issued by Court in contempt petition-Court cannot issue directions traversing beyond its scope of jurisdiction-Liberty was granted to the assessee to file a fresh application for compounding of offences and put forth all his contentions. [S. 277, 279, Contempt of Courts Act, 1971, S. 11, 12, Art. 226]

K. M. Mammen v. D.C. Patwari, IRS (2022) 445 ITR 234 (Mad.)(HC) Editorial: Affirmed by Division Bench, D. C. Patwari, IRS v. K. M. Mammen (2022) 445 ITR 254 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax Power of High Court to try offences committed-Direction to consider application for compounding of offence-Rejection of application for compounding of offence based on circular issued by Central-Contempt petition was dismissed-Directed to consider the application for compounding of offence according to new circular and provisions of section 279(1A of the Act. [S. 277, 279(IA), Code of Criminal Procedure, 1973, S. 482, Art. 215, 226, Contempt of Courts Act, 1971, S. 11, Art. 226]

K. M. Mammen v. Dy. CIT (2022)445 ITR 220 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Limitation for filing Criminal Complaint-Concealment of income in Foreign Bank-Economic offence-No limitation prescribed-Economic Offences (Inapplicability of Limitation Act) Act, 1974-Evidentiary value of documents —Authenticity of documents would be decided by Trial Court-Powers of High Court-No power to review or alter order once signed-Clarification seeking dispensation with appearance of assessee in Trial Court-Assessee to seek remedy before Trial Court. [S. 131, 148, to quash 250(6) 273A, 276(1), 277,279(1A), Code of Criminal Procedure, 1973, S. 205, 362, 482 Economic Offences (Inapplicability of Limitation Act, 1974, Indian Evidence Act, 1872, S. 78(6)]