Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Celestial Aviation Trading 64 Ltd v. ITO (IT) (2022) 285 Taxman 43/ 209 DTR 377/ 324 CTR 567 (Delhi) (HC)

S. 197 : Deduction at source-Certificate for lower rate-Shipping, inland waterways transport and air transport-Nil rate of with holding tax certificate-DTAA-India-Ireland. [S. 9(1)(i), Art. 8]

Amit Sahni v. UOI (2022) 285 Taxman 83/ 212 DTR 83/ 325 CTR 703 (SC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest payable under an award of Motor Accident Claims Tribunal-Petitioner is not aggrieved-Petition not entertained as public interest. [S. 194A(3)(ixa)]

UOI v. State of Kerala (2022) 285 Taxman 677 / 443 ITR 117 / 215 DTR 407 (Ker.)(HC)

S. 153A : Assessment-Search or requisition-Excise Officials while conducting vehicle inspection at check post, found that assessee was carrying cash of Rs. 50 lakhs without any proper supporting documents-F.I.R. was registered and amount was also seized and deposited with Court of Judicial Magistrate First Class-Inspector of Police, Income-tax authorities had issued summons to assessee under section 131, seeking to explain source of said amount-Proceedings were inisiated by the revenue Authorities-Petition was filed to hand over the cash seized to the tax officials-Petition was allowed [S. 132A, 132B, Criminal Procedure Code, 1973 S. 451]

Bharti Hiren Uttamchandani v. UOI [2022] 285 Taxman 385 (Guj.)(HC)/Shilp Associates. v. UOI(2022) 286 Taxman 242 (Guj)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Writ petition filed by assessee challenging consequential notice issued under section 148 on 30-6-2021-Notice issued [S. 148, Taxation and Other laws. (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3(1), Art. 226]

PCIT v. Sheetal Dushyant (2022) 134 Taxman 327 (Bom.) (HC) Editorial : SLP of revenue is dismissed; PCIT v. Sheetal Dushyant (2022) 285 Taxman 85 (SC)

S. 147 : Reassessment-With in four years-Change of opinion-Information from investigation wing-Reassessment was quashed. [S. 143(3), 148]

Placid Ltd. v. ACIT(2022) 285 Taxman 387/ 329 CTR 795/ 220 DTR 73 (Cal.)(HC)

S. 147 : Reassessment-After the expiry of four years-Non-compete fee-Capital gains or business income-Material was available at the time of oeiginal assessment-Reassessment notice is held to be not valid. [S. 28(va), 45, 148, Art. 226]

Joshi Technologies International Inc. v. ACIT (2022) 285 Taxman 479 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Scientific research expenditure-Petition was withdrawn [S. 35(1)(ii), 148, Art. 226]

Subhendu Kumar Subudhi v. CIT (2022) 285 Taxman 693 / 136 taxmann.com 87 /211 DTR 178 /325 CTR 357 (Orissa)(HC)

S. 145 : Method of accounting-Valuation of closing stock-Estimation of gross profit-Produced books of account-Order of Assessing Officer set aside. [S. 133A, 143(3)]

PCIT v. Varha Infra Ltd. (2022) 285 Taxman 561/ 135 taxmann.com 77/328 CTR 115 / 216 DTR 316 (Raj.) (HC)

S. 145 : Method of accounting-Estimation of net profit-Interest and depreciation allowed-Question of fact. [S. 260A]

BASF Catalysts India (P) Ltd. v. Addl. CIT (2022) 285 Taxman 431 (Mad.)(HC)

S. 144C : Reference to dispute resolution panel-Submission of assessee not considered-Draft assessment order is set aside with the direction to complete the assessment after considering the response of assessee. [Art. 226]