Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. LG Electronics India (P) Ltd. (2022) 443 ITR 46/ 134 Taxman 329 (Delhi)(HC) Editorial : SLP of the assessee is dismissed; LG Electronics India (P) Ltd v. PCIT (2022) 443 ITR 45 / 285 Taxman 88 / 212 DTR 81/ 325 CTR 704 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Subsidy-Capital or revenue receipt-Order of Tribunal set aside and the Assessing Officer is directed to pass a fresh order based upon his independent analysis whether the anount received by way of subsidy is a capital or revenue nature. [S. 4]

Coursera Inc. v. ITO TDS (2022) 285 Taxman 6 / 210 DTR 101 / 325 CTR 237 (Delhi)(HC)

S. 197 : Deduction at source-Certificate for lower rate-Education service-American university-e-platform operator-Equalisation levy at rate of 2 per cent on receipts from its Indian customers-Directed to pass a denovo order-DTAA-India-USA [S. 9(1) 10(5) Art. 12(5)(c)]

Celestial Aviation Trading 64 Ltd v. ITO (IT) (2022) 285 Taxman 43/ 209 DTR 377/ 324 CTR 567 (Delhi) (HC)

S. 197 : Deduction at source-Certificate for lower rate-Shipping, inland waterways transport and air transport-Nil rate of with holding tax certificate-DTAA-India-Ireland. [S. 9(1)(i), Art. 8]

Amit Sahni v. UOI (2022) 285 Taxman 83/ 212 DTR 83/ 325 CTR 703 (SC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest payable under an award of Motor Accident Claims Tribunal-Petitioner is not aggrieved-Petition not entertained as public interest. [S. 194A(3)(ixa)]

UOI v. State of Kerala (2022) 285 Taxman 677 / 443 ITR 117 / 215 DTR 407 (Ker.)(HC)

S. 153A : Assessment-Search or requisition-Excise Officials while conducting vehicle inspection at check post, found that assessee was carrying cash of Rs. 50 lakhs without any proper supporting documents-F.I.R. was registered and amount was also seized and deposited with Court of Judicial Magistrate First Class-Inspector of Police, Income-tax authorities had issued summons to assessee under section 131, seeking to explain source of said amount-Proceedings were inisiated by the revenue Authorities-Petition was filed to hand over the cash seized to the tax officials-Petition was allowed [S. 132A, 132B, Criminal Procedure Code, 1973 S. 451]

Bharti Hiren Uttamchandani v. UOI [2022] 285 Taxman 385 (Guj.)(HC)/Shilp Associates. v. UOI(2022) 286 Taxman 242 (Guj)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Writ petition filed by assessee challenging consequential notice issued under section 148 on 30-6-2021-Notice issued [S. 148, Taxation and Other laws. (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3(1), Art. 226]

PCIT v. Sheetal Dushyant (2022) 134 Taxman 327 (Bom.) (HC) Editorial : SLP of revenue is dismissed; PCIT v. Sheetal Dushyant (2022) 285 Taxman 85 (SC)

S. 147 : Reassessment-With in four years-Change of opinion-Information from investigation wing-Reassessment was quashed. [S. 143(3), 148]

Placid Ltd. v. ACIT(2022) 285 Taxman 387/ 329 CTR 795/ 220 DTR 73 (Cal.)(HC)

S. 147 : Reassessment-After the expiry of four years-Non-compete fee-Capital gains or business income-Material was available at the time of oeiginal assessment-Reassessment notice is held to be not valid. [S. 28(va), 45, 148, Art. 226]

Joshi Technologies International Inc. v. ACIT (2022) 285 Taxman 479 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Scientific research expenditure-Petition was withdrawn [S. 35(1)(ii), 148, Art. 226]

Subhendu Kumar Subudhi v. CIT (2022) 285 Taxman 693 / 136 taxmann.com 87 /211 DTR 178 /325 CTR 357 (Orissa)(HC)

S. 145 : Method of accounting-Valuation of closing stock-Estimation of gross profit-Produced books of account-Order of Assessing Officer set aside. [S. 133A, 143(3)]