Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gnyan Dham Vapi Charitable Trust v. Dy. CIT (2020)82 ITR 14 (SN)(Ahd) (Trib)

S. 11 : Property held for charitable purposes – Application of income – Accumulation of income -Retain or accumulate 15 Per Cent. of income without any time limit and is benevolent in nature however it cannot be regarded as an obligation envisaged in Law. [ S. 11(1)(a) , 11(1)(b ) ]

TTEC India Customer Solutions P. Ltd. v ITO (2020)82 ITR 26 (SN)(Ahd) (Trib)

S. 10A : Free trade zone – Profits of the business- Export revenue subsidy — Miscellaneous income —Entitled for exemption [ S.10A(4) , 10B ]

Bejan Singh Eye Hospital Pvt. Ltd v .IT Department (2020) 428 ITR 206 (Mad) (HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax -Delay in payment of tax which was paid subsequently – Criminal proceedings quashed. [ S.276(2) [

DIT (E). v India Heritage Foundation (2020) 428 ITR 299 (Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Appellate Tribunal -Power – Lack of enquiry – Tribunal agreeing with Commissioner but setting his order on merits – Tribunal has no power to consider merits of assessment order when it was not subject matter of appeal [S. 12AA,80IB(10) ,254(1) ]

PCIT v. Minal Nayan Shah (2020) 428 ITR 23 (Guj)(HC) Editorial: Order in Minal Nayan Shah. (Smt.) v PCIT (2020) 180 ITD 149 (Ahd) (Trib.) affirmed .

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains – Purchase of three units in same building- Assessing Officer allowing the exemption taking one of plausible views – Order is not erroneous . [ S.45 , 54 ,54F, 260A ]

CIT v. Aztec Software Technology Ltd. (2020) 428 ITR 245 (Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Export of computer software- Development of software at client’s site outside India- Plausible views -Revision is held to be not valid [ S. 10A]

CIT v. V. M. Salgaonkar Brothers (P) Ltd (2020) 428 ITR 386/ 317 CTR 529/ 195 DTR 241/ ( 2021) 277 Taxman 469 (Bom) (HC)

S. 260A : Appeal – High Court – High court refusing to frame question as substantial question of law — High Court cannot review its decision — Even if the principle of res judicata does not apply to tax matters, consistency and certainty of law would require the State to take a uniform position and not change its stand in the absence of change in facts or the law [ S.260A(4) ]

PCIT v. Solan District Truck Operators Transport Co-Operative Society (2020) 428 ITR 264 / 274 Taxman 397 (HP) (HC)

S. 260A : Appeal – High Court -Monetary limit- Case not falling within exception — Appeal not maintainable [ S.253 , 254(2) ]

PCIT v. Ambuja Darla Kashlog Mangoo Transport Co-Operative Society (2020) 428 ITR 94/ 195 DTR 99/ 317 CTR 363/ 269 Taxman 618 (HP) (HC)

S. 260A : Appeal – High Court – Case not falling within exception — Appeal not maintainable [ S. 143(1), 154 , 244A 254(2) ]

CIT v. Emgeeyar Pictures P. Ltd. (2020) 428 ITR 341 (Mad)(HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Reassessment – Tribunal has power to rectify the obvious error – Tribunal holding that capital gains were assessable in assessment year 2001-02 – Tribunal erred in entertaining new plea of assess ability of capital gain- Consequential reassessment order was not barred by limitation -Order of Tribunal is set aside and matter remanded to the Assessing Officer [ S. 148 , 149 , 150 (2)]