Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dharampal Satyapal Ltd. v Dy.CCIT (2020) 191 DTR 87 (Delhi)(Trib.)

S. 80IB : Industrial undertakings-Fair market value of goods transferred to eligible units in higher terms-Claim was accepted in subsequent year-Disallowance was deleted. [S. 80IA(8), 80IB(13)]

Dy. CIT v. Waterlife India Pvt. Ltd. (2020) 192 DTR 196 / 206 TTJ 361 (Hyd.)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Profit earned from operating and maintaining of the water treatment system is eligible for deduction-Profit earned from contract work is not eligible for deduction. [S. 80IA(4)]

Goldman Sachs Investment (Mauritius) Ltd. v. Dy.CIT (2020) 194 DTR 329 / 207 TTJ 913 / (2021) 187 ITD 184 (Mum.)(Trib.)

S. 74 : Carry forward of capital losses-Brought forward from sale of securities-Capital gains were not taxable in India by virtue of India-Mauritius treaty-loss has been rightly carried forward-DTAA-India-Mauritius. [Art. 13]

Dy.CIT v. Diamond Hut India (P.) Ltd. (2020) 206 TTJ 73 (Mum.)(Trb.)

S. 69A : Unexplained money-Survey-Unexplained cash-Availability of the cash in the books of account-Addition cannot be made. [S. 133A]

ACIT v. Windsor Realty Pvt. Ltd. (2020) 204 TTJ 493 (Mum.)(Trib.)

S. 69 : Unexplained investments-Survey-Wrongly included in payment-Deletion of addition is held to be justified. [S. 133A]

Pawan Kumar (HUF) v. ITO (2020) 190 DTR 366 / 205 TTJ 810 (SMC) (Jodhpur)(Trib.)

S. 69 : Unexplained investments-Survey-Income surrendered in the form of additional stock-Section 115BBE is not applicable-Rectification is not valid. [S. 115BBE, 133A, 154]

DCIT v. R.M. Commercial Pvt. Ltd. (2020) 204 TTJ 940 (Kol.)(Trib.)

S. 68 : Cash credits-Creditworthiness and genuineness of transaction proved-Deletion of addition is held to be justified.

Suman Poddar v. ITO (2020) 191 DTR 19 / 206 TTJ 393 (Delhi)(Trib.)

S. 68 : Cash credits-Long term capital gains-Accommodation entries-Transactions were proven bogus by revenue-Addition as cash credits justified. [S. 45, 10(38)]

Caprihans India Ltd. v. Dy.CIT (2020) 203 TTJ 450 (Mum.)(Trib.)

S. 68 : Cash credits-Compensation-Land acquisition-Land held as stock in trade-Not undisclosed income. [S. 143(3)]

ACIT v. Career Point Infra Ltd. (2020) 207 TTJ 1 (UO) (Jaipur)(Trib.)

S. 57 : Income from other sources-Deductions-Deduction of payment of interest made to earn interest income-Allowable as deduction. [S. 56, 57(iii)]