Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


M. P. State Cooperative Marketing Federation Ltd. v. ACIT (2022) 216 TTJ 493 / 211 DTR 370 (Indore)(Trib.)

S. 80P : Co-operative societies-letting of “godowns” or “warehouses”-CAP storage-Considered a warehouse-Income from letting of CAP storage is eligible deduction. [S. 80P(2)(e)]

Tata Chemicals Ltd. v. Dy.CIT (2022) 216 TTJ 402 /95 ITR 134 (Mum.)(Trib.)

S. 80IB : Industrial undertakings-Fertilizer subsidy-income derived from the business-Eligible for deduction. [S. 28(i)]

GVK Jaipur Expressway (P.) Ltd. v. Dy. CIT (2022) 216 TTJ 540 (Jaipur)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Miscellaneous receipts from the sale of scrap-Eligible for deduction.-Block of assets-Insurance claims-Capitalized-Deduction not available. [S. 2(11)]

Artemis Education & Research Foundation v. CIT(E) (2022) 192 ITD 173 / 92 ITR 45 / 210 DTR 113 / 216 TTJ 58 (Delhi)(Trib.)

S. 80G : Donation-Bona fide reason that challenging rejection of application under section 12A is sufficient to cover rejection of approval under section 80G as well, is a reasonable reason to condone delay in filing appeal challenging rejection of application under section 80G. [S. 12A]

DCIT v. Ambreen Projects & Infrastructure (P) Ltd. (2022) 216 TTJ 38 / 213 DTR 41 (Delhi)(Trib.)

S. 69B : Amounts of investments not fully disclosed in books of Amount has to be explained as per the books of accounts maintained by the assessee-Explanation cannot be offered on the basis of amount reflecting in sister concerns books of account. [S. 145]

ACIT v. Jiji Industries Ltd. (2022) 64 CCH 360 / 216 TTJ 858 / 212 DTR 81 (Indore)(Trib.)

S. 68 : Cash credits-Share Capital-Identity and creditworthiness established-Deletion of addition is held to be justified.-Additional evidence-AO has not raised any objection-Admission of additional evidence is held to be justified. [R. 46A]

Kailash Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) (Pune)(Trib.)

S. 68 : Cash credits-Non-furnishing of evidence and non-genuine business activity-Entire gross profits treated as undisclosed income-Addition is deleted as primary onus of proving the genuineness is discharged. [S. 131]

DCIT v. Lotus Logistics & Developers Ltd. (2022) 195 ITD 241 / 216 TTJ 241 /211 DTR 185 (Mum.)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Special Bench-Shell company-Accommodation entries-Circumstances indicate that the investor company is a shell company-Matter referred to special bench. [S. 254]

Chain Singh Mundra v. ITO (2022) 194 ITD 718 / 216 TTJ 761 / 211 DTR 377 (Chd.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Sale of industrial plot of land with an office builtup area on ground floor and so-called residential built up area on first floor-Not entitled to deduction u/s. 54 of the Act-Allowed deduction u/s. 54F [S. 54F]

Charu Agarwal v. Dy. CIT(IT) (2022) 194 ITD 478/ 216 TTJ 428 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Land appurtenant-Sale of plot-Entitle to exemption-Cost of costly items purchased for the new house cannot be held to be treated as investment for making the house habitable-Not entitled to exemption. [S. 45, 54F]