Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Chiripal Industries Ltd. (2021) 91 ITR 21 (SN) (Ahd.)(Trib.)

S. 80IA : Industrial undertakings-Generation of power-Amalgamation of companies-Eligible enterprise transferred before expiry of period of exemption-Transferee Company, i.e Amalgamated company entitled to deduction. [S. 80IA(4), 80IA(12)(b)]

N. R. Agarwal Industries Ltd. v. ACIT (2021) 91 ITR 503 (Surat) (Trib.)

S. 80IA : Industrial Undertaking-Production of power-Assessee claiming relevant cost of power plant and recognizing revenue for generation of power and steam at specific value-No evidence to show that steam value charged from other units not at Market Value-Assessing Officer not empowered to re-compute Profit And Loss Account of eligible unit. [S. 80IA(4)]

Sri Saravu Mahalinga Bhat Foundation v. CIT(E) (2021) 91 ITR 33 (SN) (Bang.)(Trib.)

S. 80G : Donation-Refusal to grant recognition on ground there were no noticeable charitable activities from date of formation of trust-Denial of registration is not valid-Matter remanded to CIT(E) to decide in accordance with law. [S. 12AA, 80G(5)(vi)]

BGSAL CF TRY v. CIT (2021) 198 DTR 41 (Jaipur)(Trib.)

S. 80G : Donation-Limitation-Application moved on Ist Aug, 2019-Order passed on 19 th Feb, 2020-Limitation period expired on 28 th Feb, 2020-Order is within period of limitation-Once registration u/s 12A is granted denial of approval u/s. 80G(5) is not valid-Trust is operating from temple premises-Matter remanded. [S. 12AA, 80G(5)(vi)]

Jhalana Wildlife Research Foundation v. CIT(E) (2021) 209 TTJ 540 / 197 DTR 428 (Pune)(Trib.)

S. 80G : Donation-Denial of exemption-Failure to incur expenditure-Registration u/s. 12AA was granted-Matter remanded [S. 12A, 12AA, 80G(5)]

Kohinoor Craft v. ACIT, (2021) 213 TTJ 70 (UO) / (2022) 192 ITD 584 (SMC) (Delhi)(Trib.)

S. 69C : Unexplained expenditure-Addition cannot be made only on the basis of statement of partner in the absence of any other material. [S. 131(IA)]

Jagmohan Kaur Bajwa (Smt.) L/H of Late Jaskiran Singh Bajwa v. ITO, (2021) 213 TTJ 558 / 206 DTR 1 / (2022) 193 ITD 46/97 ITR 149 (Chd.) (Trib.)

S. 69A : Unexplained money-Explanation provide by the Assessee-particular entries were recorded by the AO-proper explanation provided for the same-Addition made by the AO not sustained.

Shyam Gidwani v. ITO (2021) 214 TTJ 862 / 208 DTR 233 / 63 CCH 155 (Jaipur)(Trib.)

S. 69A : Unexplained money-Cash deposited in bank account-Received from tuition fees-Explanation not accepted-Working of peak credit-Matter remanded-Reassessment-Approval is held to be valid-Reassessment is up held. [S. 147, 148, 151]

Anila Rasiklal Mehta (Mrs.) v. Dy. CIT (2021) 214 TTJ 849 / 63 CCH 491 (Mum.)(Trib.)

S. 69A : Unexplained money-Unexplained jewellery-Family members explained the source of investment-Addition is held to be not justified-Renovation of house property out of withdrawals from bank-Addition is not valid. [S. 69C, 132, 153A]

Gautam Kumar v. ACIT (2021) 91 ITR 28 (SN) (Delhi)(Trib.)

S. 69 : Unexplained investments-Failure to furnish explanation for source of funds for purchase of car-Addition is justified-Income surrendered not disclosed in the return-Addition as unexplained investment is proper-Addition on account of foreign tour expenses of minor and assessee is held to be justified. [S. 69C, 132(4)]