Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Microfilm Capital (P.) Ltd. (2020) 113 taxmann.com 88 (Cal.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Microfilm Capital (P.) Ltd. (2020) 269 Taxman 1 (SC)

S. 145 : Method of accounting-Valuation of shares-No substantial question of law. [S. 260A]

Madhur Vegoils (P.) Ltd. v. ITO (2020) 113 taxmann.com 248 (Raj.)(HC) Editorial : SLP of assessee is dismissed, Madhur Vegoils (P.) Ltd. v. ITO (2020) 269 Taxman 102 (SC)

S. 145 : Method of accounting-Set aside order by Appellate Tribunal-Fresh order passed by the Assessing Officer-Order of Tribunal is affirmed. [S.254 (1)]

PCIT v.Gokul Ceramics (P.) Ltd. (2020) 120 taxmann.com 240 (Guj.)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Gokul Ceramics Pvt Ltd (2020) 275 Taxman 12 (SC)

S. 143(3) : Assessment-Suppression of sales-Addition is held to be not justified on the basis of material collected from Excise Department. [S. 68, 145]

PCIT v. Gyan Enterprises (P.) Ltd (2020) 117 taxmann.com 113 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Gyan Enterprises (P) Ltd (2020) 274 Taxman 107 (SC)

S. 143(3) : Assessment-In adequate sale consideration based on valuation report-Deletion of addition is held to be justified.

PCIT v. Marck Biosciences Ltd. (2019) 106 taxmann.com 399 (Guj.)(HC) Editorial: SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Amantha Health Care Ltd (2020) 272 Taxman 35 (SC)

S. 143(2) : Assessment-Notice-non-issuance of notice under section 143(2) is not a procedural irregularity and same cannot be cured under section 292BB-Notice issued to prior to filing of return of income, said notice being invalid, assessment order passed in pursuance of same deserved to be set aside. [S. 143 (3), 292BB]

Kundan Care Product Ltd. v. Dy.DIT (Inv.) (2020) 113 taxmann.com 90 (All.)(HC) Editorial: SLP of revenue is dismissed, Dy. DIT v. Kundan Care Product Ltd. (2020) 269 Taxman 12 (SC)

S. 132 : Search and seizure-Stock in trade-Gold Dore Bars-Directed to be released after proper verification. [Art. 226]

PCIT v. J.P. Morgan Services India (P.) Ltd. (2020) 119 taxmann.com 413 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. JPMorgan Services India (P) Ltd (2020) 274 Taxman 281 (SC)

S. 92C : Transfer pricing-Arm’s length price-Adjustment-MAP-ITAT is justified in in directing to adopt 16.63% Arm’s Length margin for transaction relating to non US entities based on MAP concluded with US Tax Authorities.

PCIT v. Cadence Design Systems (I) (P.) Ltd. (2020) 119 taxmann.com 415 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Cadence Design Systems (I) (P) Ltd. (2020) 274 Taxman 279 (SC)

S. 92C : Transfer pricing-Arm’s length price-Comparable-company having high brand value cannot be selected as comparable.

PCIT v. UAE Exchange & Financial Service Ltd. (2020) 117 taxmann.com 105 (Karn.)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect PCIT v. UAE Exchange Technology (P) Ltd (2020) 272 Taxman 19 (SC)

S. 92C : Transfer pricing-Arm’s length price-Safe Harbour rules-RBI rate to be a bench mark-Second proviso to section 92C(2) which allows +/-5 per cent range to could be applied even in a case where transactions involved were an account of trading in foreign exchange.

PCIT v. Inductis (India) (P.) Ltd. (2020) 114 taxmann.com 319 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Inductis India (P) Ltd. (2020) 270 Taxman 1 (SC)

S. 92C : Transfer pricing-Arm’s length price-Providing internet based medical health related services, a company rendering high end online software solutions, could not be accepted as comparable.