Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Infosys BPO Ltd. (2021) 277 Taxman 320 (Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-No expenditure was incurred directly or indirectly-No disallowance can be made.

Carmel Educational and Charitable Trust v. ITO (2021) 277 Taxman 165 (Mad.)(HC)

S. 12AA : Procedure for registration-Trust or institution-First application was pending-Second application was filed-Retrospective registration could not be granted based on the first application. [Rule, 17A, Form No. 10A]

PCIT v. Infosys BPO Ltd. (2021) 277 Taxman 320 (Karn.)(HC)

S. 10A : Free trade zone-Export turnover-Total turnover-Expenses incurred by in foreign currency was to be excluded from both export turnover and total turnover for computation of deduction.

CIT v. Sengunthar Matriculation Higher Secondary School (2021) 277 Taxman 252 (Mad.)(HC)

S. 10(23C) : Educational institution-Exemption cannot be denied on ground that it does not have independent Memorandum of Association, Bye laws, etc. [S. 10 (23)(vi)]

CIT v. Rikhabchand Vinod Kumar (2021) 277 Taxman 431 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S. 4 : Filing of declaration and particulars to be furnished – – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee . [ S.254 (1)

CIT v. J. Ashok Kumar (2021) 277 Taxman 434 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S. 4 : Filing of declaration and particulars to be furnished – Remand of matter – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee

Chokkalingam Sudhakar v. Dy. CIT (2021) 277 Taxman 312 (Mad.)(HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration and particulars to be furnished – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee [ S. 54F ]

Dy .CIT v. Jamnalal Sons ( P )Ltd ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib ) Dy.CIT v. Bachhraj Bhavan ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib )

S. 147 : Reassessment – Book profit – No failure to disclose material facts – With in four years – Change of opinion – Reassessment is held to be bad in law . [ S.14A, 115JB , 148 ]

Dy .CIT v. Arjav Diamond India (P) Ltd ( 2020) 187 DTR 59/ 203 TTJ 771 ( Mum)( Trib)

S. 271G : Penalty – Documents – International transaction – Transfer pricing –Failure to maintain documents – Levy of penalty is held to be not justified . [92C(1), 92CA, 92D, 92D(1)]

ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.) ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.)

S. 271(1)(c) : Penalty – Concealment – Failure to deduct tax at source – Transfer pricing adjustments- Explanation 7- Deletion of penalty is held to be justified . [ S.92C ]