Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kantibhai Dharamshibhai Narola v. DCIT (2021) 436 ITR 302 / 125 taxmann.com 348 / 278 Taxman 322 / 203 DTR 356/ 321 CTR 595(Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Capital gains-Undisclosed investments-Sale of land-Reassessment is held to be bad in law. [S. 45, 69, 148, Art. 226]

Beghar Foundation v. Justice K.S. Puttaswamy (2021) 278 Taxman 1 (SC.)

S. 139AA : Return of income-Quoting of Aadhar number-Change in law or subsequent decision/judgment of a co-ordinate or larger Bench by itself cannot be regarded as a ground for review-Review petition against judgment upholding certification of Aadhaar Act as a Money Bill was to be dismissed. [Art. 110]

CIT v. GE India Technology Centre (P) Ltd. (2021) 278 Taxman 261 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Interest rate-Accepted earlier year as well as subsequent assessment years-Revenue could not be allowed to make a departure in case of rate of interest for relevant assessment year.

CIT v. Bhullan Mal Gupta (2021) 125 taxmann.com 103 (P&H)(HC) Editorial : Appeal was dismissed as not pressed. Bhullan Mal Gupta (HUF) v. CIT (2021) 278 Taxman 275 (SC.)

S. 68 : Cash credits-Foreign gifts-Gift was not genuine-Deletion was held to be not justified-Service of notice was held to be valid. [S. 148, 149]

Institute of Chartered Accountants of India v. Shaji Poulose (2021) 278 Taxman 191 (SC)

S. 44AB : Audit of accounts-Business-Profession-Guidelines issued by the Institute of Chartered Accountants of India-Conflicting judgements of different High Courts-Transfer petition filed before Supreme Court. [Chartered Accountants Act, 1949, S. 22]

Hindustan Aeronautics Ltd. v. ACIT (2021) 278 Taxman 266 (Mad.)(HC)

S. 37(1) : Business expenditure-Research and development-Allowable as revenue expenditure.

CIT v. Shaw Wallace Distilleries Ltd. (2021) 278 Taxman 67 (Karn.) (HC)

S. 37(1) : Business expenditure-Claim not made in original return-Prior period expenses-Allowable as deduction-Issue not to be remitted back to the Assessing Officer. [S. 43B, 254(1), R. 46A(3)]

Pranava Electronics (P.) Ltd. v. Dy.CIT (2021) 124 taxmann.com 242 / 278 Taxman 175 (Karn.)(HC)

S. 36(1)(vii) : Bad debt-Writing off of irrecoverable loan in books of account sufficient to claim deduction for bad debts-Money lending licence is not required to be in money lending business to claim said deduction-Matter remanded to Appellate Tribunal. [S. 37(1)]

Hindustan Aeronautics Ltd. v. ACIT (2021) 278 Taxman 266 (Mad.) (HC)

S. 14A : Disallowance of expenditure-Exempt income-Non-recording of satisfaction-Disallowance is held to be unjustified. [R. 8D]

Sarvodaya Charitable Trust v. ITO(E) (2021) 278 Taxman 148 (Guj.) (HC)

S. 12A : Registration-Trust or institution-Delay in filing Form No 10B-Denial of exemption is held to be not justified. [S. 119, Art. 226]