Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PSR Bankers v. ACIT (2022) 440 ITR 228 (Mad.)(HC)

S. 143(3) : Assessment-Survey-Unexplained investment-Excess stock-Lock-down restrictions owing Covid-19-Unable to produce documents in support of its claim within time granted-Order was set aside. [S. 69, 133A, 142(1), 143(2), Art. 226]

Hinduja Land Developments (P.) Ltd. v. ACIT (2022) 440 ITR 135 / 284 Taxman 662/ 213 DTR 164/ 326 CTR 464 (Karn.)(HC)

S. 80IB(10) : Housing projects-Denial of exemption on the ground that in the revised return the claim was withdrawn-Denial of exemption on hyper technicalities is held to be unjustified-Matter remanded to the Assessing Officer. [S.80AC]

CIT v. Varun Developers (2022) 440 ITR 354 (Karn.)(HC)

S. 80IB(10) : Housing projects-Built up area-Proportionate deduction allowable-Project completion method-Entitle deduction on the basis of project completion method adopted by the assessee. [S. 145]

PCIT v. S. N. Builders and Developers (2022) 440 ITR 351 (Karn.) (HC)

S. 80IB(10) : Housing projects-Built-up area-Some units of project conforming to condition-Proportionate deduction allowable.

CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84 / 328 CTR 676 (Bom.) (HC)

S. 80IA : Industrial undertakings-Eligible business-Deduction to be computed unit-wise and not business as a whole-Manufacture-Processing and marketing of seeds-Raw seeds undergoing various processes-Amounts to manufacture or production of articles or things. [S. 80IA(2), 80IA(5), 80IA(7)]

Goa Carbon Ltd. v. ACIT (2022) 440 ITR 257 (Bom.)(HC)

S. 80HHC : Export business-Income earned from leasing of plant and machinery-Not export turnover-Not eligible deduction. [S. 80HHC (2)(b)(i)]

CIT v. Vishnu Prakash Sharma (2022) 440 ITR 324 (Raj.)(HC)

S. 69 : Unexplained investments-Excess stock during search-Books of account was incomplete-Retraction of statement-Deletion of addition was held to be justified [S. 132, 132(4)]

PCIT v. Akzo Noble India Limited (No. 2) (2022) 440 ITR 190 / 286 Taxman 251 (Cal.)(HC)

S. 50B : Capital gains-Slump sale-Depreciable assets-Block of assets-Sale of undertaking-Sale consideration is not liable to be taxed as short term capital gains. [S. 2(11),2(42C) 45, 50]

PCIT v. Akzo Noble India Limited (No. 1) (2022) 440 ITR 185 (Cal.)(HC)

S. 50B : Capital gains-Slump sale-Entire business of the undertaking was transferred to subsidiary-Order of Tribunal assessing the amount as slump sale is affirmed. [S. 2(11), 2(42C), 45, 50]

Ilahia Trust v. CIT (2022) 440 ITR 90 / 209 DTR 355 / 325 CTR 337 / 285 Taxman 312 (Ker.)(HC).Editorial : SLP dismissed as withdrawn , Ilahia Trust v. CIT [2023] 291 Taxman 200 (SC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to contractor without deduction of tax deduction at source-Disallowance is held to be proper. [S. 12AA, 13(1)(c), 234A, 234C]