Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Kovai Medical Centre and Educational Trust (2021) 280 Taxman 239 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Depreciation-Application of income-Entitle to claim depreciation. [S. 32]

Technip Frances SAS, In re (2021) 280 Taxman 117 (AAR)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Offshore supply of equipments-Transferred outside India and entire sale was executed outside India-Revenue received therefrom was not to be taxed in India-Basic engineering design services were intrinsically in respect of setting up of Butane-1 plant and same were rendered through project office of assessee in India, consideration received in respect of said basic engineering design services was liable to tax in India as business income of PE of assessee-DTAA-India-France. [Art. 7(1), 12]

PCIT v. Gladder Ceramics Ltd. (2021) 280 Taxman 446 / ( 2022) 440 ITR 459 (Guj.)(HC)

S. 2(22)(e) : Deemed dividend-Loans and advance-Provision is applicable-Matter remanded to Tribunal to decide on merit. [S. 260A]

Bharat Bhushan Jindal v. PCIT (2021) 436 ITR 102/ 201 DTR 251/ 320 CTR 766/ 280 Taxman 327 (Delhi)(HC)Bharat Bhushan Jindal v. PCIT (2021) 436 ITR 102/ 201 DTR 251/ 320 CTR 766/ 280 Taxman 327 (Delhi)(HC)

Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4 : Filing of declaration and particulars to be furnished – Tribunal recalled its order , restored appeal and posted it for fresh hearing- Doctrine of relation back were to be applied- Pendency of appeal of revenue before Appellate Tribunal- Rejection of application is held to be not valid [ Art , 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4 : Filing of declaration and particulars to be furnished – Tribunal recalled its order , restored appeal and posted it for fresh hearing- Doctrine of relation back were to be applied- Pendency of appeal of revenue before Appellate Tribunal- Rejection of application is held to be not valid [ Art , 226 ]

G. Ramkumar v. DY. CIT (2021) 280 Taxman 143 (Mad.)(HC) Vinay Kumar Maheswari v. ITO (2021) 280 Taxman 32 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S. 4 : Filing of declaration and particulars to be furnished – Appeal with drawn as dismissed .[ S.54B , 260A ]

ACIT v. G.S.L. Education Society (2020) 204 TTJ 17 (UO) (Vishakha)(Trib.)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-undisclosed income-Filed income tax return as per specified date-Penalty leviable only 10 %-Anonymous donations-derived income-purpose for which it is utilized-No need to mention address of donors. [S. 115BBC]

Jamsetji Tata Trust v. ACIT (2020) 208 TTJ 303 (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Notice-Not specifying the charge-Quantum appeal admitted before High Court-Penalty was deleted. [S. 274]

Pardeep Kumar Sareen v. ITO (2020) 206 TTJ 12 (UO) (Amritsar) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Failure to strike off the irrelevant default in show cause notice-Levy of penalty is held to be not valid. [S. 274(1)]

Darshan Pal Singh Garewal v. Dy. CIT (2020) 196 DTR 1 / 208 TTJ 259 (Amritsar)(Trib.) Malti Gupta v. Dy. CIT (2020) 196 DTR 1 / 208 TTJ 259 (Amritsar) (Trib.) Tejender Singh Sahai v. Dy.CIT (2020) 196 DTR 1 / 208 TTJ 259 (Amritsar)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Notice-Irrelevant words were not strike down by AO-Non application of mind by AO-Notice was bad in law-Levy of penalty is held to be bad in law. [S. 274]

Auro Gold Jewellery Pvt. Ltd. v. Dy.CIT (2020) 192 DTR 89 / 204 TTJ 1005 (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-disallowance u/s.10A-only on presumption basis-Not due to inaccurate information-Penalty was deleted. [S.10A]