Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321/ 141 taxmann.com 272 (Mad.)(HC).Notice is issued in SLP filed by the Revenue , ACIT v. SRS Mining (2023) 294 Taxman 604 (SC)

S. 142(2A) : Inquiry before assessment-Special audit-Audit report is not binding on revenue-Reasons for discarding it have to be recorded by Assessing Authority after proper discussion and same could not have been discarded summarily-Matter remanded. [Art. 226]

SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321 /141 taxmann.com 272 (Mad.)(HC): Notice is issued in SLP filed by the Revenue , ACIT v. SRS Mining (2023) 294 Taxman 604 (SC)

S. 132 : Search and seizure-Authorisation-Authorization for search should be of competent authority and it is on satisfaction of authority that search warrant can be issued and it can be only of Competent Officer-Where search warrant was not issued by Competent Officer, it would vitiate search-Matter remanded. [Art. 226]

SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321/ 141 taxmann.com 272 (Mad.)(HC)

S. 132 : Search and seizure-Retrospective amendments made under sections 132(1), 132(1A) and 132A by insertion of Explanations preventing disclosure of reason to believe and reason to suspect in proceedings upto Tribunal are constitutionally valid. [S. 132(1), 132(IA), 132A, Art, 14, 19, 21, 226]

PCIT v. GJ Trading (P) Ltd. (2022) 218 DTR 225 / 328 CTR 865 / 145 taxmann.com 279 (Telangana)(HC)

S. 115WB : Fringe benefits-Limitation –Additional grounds-Notice issue under section 143(2) after six months from the end of relevant financial year-Notice is invalid-Tribunal is justified in admitting additional grounds. [S. 115WE(2), 143(2), 254(1)]

SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321/ 141 taxmann.com 272 (Mad.)(HC)/Notice is issued in SLP filed by the Revenue , ACIT v. SRS Mining (2023) 294 Taxman 604 (SC)

S. 69A : Unexplained money-Assessment against yard owners was completed-Addition of same income in the hands of the petitioner was directed to be deleted-Matter remanded. [S. 153C, Art. 226]

Delhi International Airport Ltd. v. PCIT (2022) 210 DTR 881 / 325 CTR 361 / 138 taxmann.com 541 (Karn.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission, brokerage, etc.-Passenger service fees (PSF)-Not liable to deduct tax at source-Matter remanded for verification. [S. 194H]

National Dairy Development Board v. Addl. CIT (2022) 220 DTR 273 / 143 taxmann.com 282 / (2023) 290 Taxman 181 / 330 DTR 273(Guj.)(HC)

S. 36(1)(viii) : Eligible business-Special reserve-Agricultural development-Eligible business-Dairy or animal husbandry activities-Providing long term finance to various dairy co-operatives engaged in producing milk-Not eligible to claim deduction.

National Dairy Development Board v. Addl. CIT (2022) 220 DTR 273 / 143 taxmann.com 282 / (2023) 290 Taxman 181/ 330 CTR 464 (Guj.)(HC)

S. 36(1)(v) : Contribution to approved gratuity fund-Gratuity trust-Deed of variation pending for approval-Not allowable as deduction.[S. 43B]

Delhi International Airport Ltd. v. PCIT (2022) 210 DTR 881 / 325 CTR 361 / 138 taxmann.com 541 (Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made [R. 8D]

ITO v. Aam Family Private Trust ( Mum)( Trib) www.itatonlline .org

S. 56 : Income from other sources – Relative – Individual – Private discretionary trust – Gift of equity shares to trust – Trust crested for the benefit of self and relatives – Any sum received without consideration , aggregate value of which exceeds fifty thousand rupees – Pass through entity – Provision of section 56(2)(x) is not applicable [ S. 56(2)(x)) ] S. 56 : Income from other sources – Relative – Individual – Private discretionary trust – Gift of equity shares to trust – Trust crested for the benefit of self and relatives – Any sum received without consideration , aggregate value of which exceeds fifty thousand rupees – Pass through entity – Provision of section 56(2)(x) is not applicable [ S. 56(2)(x)) ]