Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mangalore Electricity Supply Company Ltd. v. Dy. CIT (2022) 136 taxmann.com 428 (Karn.)(HC) Editorial : Notice issued in SLP filed against the order of High Court, Dy. CIT v. Mangalore Electricity Supply Company Ltd. (2022) 286 Taxman 566 (SC)

S. 80IA : Industrial undertakings-Infrastructure development-Electricity distribution-Expenditure on network of a new transmission or distribution line-No requirement of capitalization of said expenditure in books of account-Deduction allowable. [S. 800IA(4)(iv)]

Suraj Bhan Oil (P.) Ltd. v. DCIT (2022) 446 ITR 539/286 Taxman 680/ 334 CTR 813/ 226 DTR 365 (MP)(HC) Editorial : SLP dismissed as withdrawn , Suraj Bhan Oil (P) Ltd v. Dy. CIT (2022) 288 Taxman 635 (SC)

S. 69B : Amounts of investments not fully disclosed in books of account- Assessment-Stock-Value of stock shown in stock statement as on 28-3-2005 submitted to bank was far in excess to value of stock shown in audit report for period ending 31-3-2005-No explanation was offered-Order of Tribunal was affirmed. [S. 143(3),145]

Rakeshkumar Babulal Agarwal v. PCIT (2022) 448 ITR 133 / 213 DTR 115/327 CTR 447/ 286 Taman 617 (Guj.)(HC)

S. 69 : Unexplained investments-Search and Seizure-Seizure of Jewellery-Consignee-Payments were accounted-Addition was held to be not justified-Directed to release of seized jewellery. [S. 132. 153C, Art. 226]

PCIT v. Inland Road Transport Ltd. (2022) 286 Taxman 613 (Cal.)(HC)

S. 69 : Unexplained investments-Recorded in the books of account-Deletion of addition is held to be valid.

PCIT v. Vikas Telecom Ltd. (2022) 286 Taxman 238 / 209 DTR 373 / 324 CTR 341 (Delhi)(HC)

S. 68 : Cash credits-Shares of Raj Darbar Group brought back the shares at much lower rate at which the shares were allotted-Addition was made not on the basis of seized materials or statements-Deletion is held to be justified. [S. 132, 153C]

PCIT v. Inland Road Transport Ltd. (2022) 286 Taxman 613 (Cal.)(HC)

S. 68 : Cash credits-Unsecured loans-Established genuineness and credit worthiness-Deletion of addition was justified.

PCIT v. AHW Steels Ltd. (2022) 286 Taxman 330 /( 2023) 450 ITR 709 (Cal)(HC)

S. 68 : Cash credits-Reconciliation of statement-Supported by evidence-Order of Tribunal was affirmed. [S. 260A]

PCIT v. CPC Logistics Ltd. (2022) 286 Taman 38 (Karn.)(HC)

S. 48 : Capital gains-Sale consideration-Fair market value deemed to be full value of consideration in certain shares-Transfer of a plot of land-Joint Development agreement-Not ascertainable-Guidance value of land would be appropriate mode to determine full value of consideration-Provision of section 50D came in to force with effect from 1-4-2013 is not applicable for the year under consideration. [S. 45, 50D]

PCIT v. Shelter Project Ltd. (2022) 445 ITR 291 / 286 Taxman 392 (Cal.)(HC)

S. 45 : Capital gains-Transfer-Immovable property-Unregistered agreement-Joint development agreement-Payment from developer-Not assessable as capital gains [S. 2(47)(v), Transfer of Property Act, 1882, S. 53A]

Dinesh Vazirani v. PCIT (2022)445 ITR 110/ 288 Taxman 325/ (2024) 337 CTR 380 (Bom.)(HC)

S. 45 : Capital gains Full value of consideration-Deductions -Consideration on sale shares including sum held in Escrow Account offered to tax-Receiving reduced sum from Escrow Account after Completion of assessment-Whole amount credited in book not taxable as capital gains-Only actual amount received taxable-Entitled to refund of excess tax paid-Recomputation can be less than the returned income-Proviso to section 240 is not applicable-The assessee can be asked to pay only such amount of tax which is legally due under the Act and noting more-Entitle to refund of excess tax paid [S. 48, 264, Art, 226]