Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Telco Construction Equipment Co. Ltd. (2021) 280 Taxman 78 / 203 DTR 49/ 322 CTR 458 (Karn.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Provision on account of commission payment to an agent-Accepted in earlier years-Deletion of disallowance is held to be justified.

CIT v. Telco Construction Equipment Co. Ltd. (2021) 280 Taxman 78 / 203 DTR 49/ 322 CTR 458 (Karn.)(HC)

S. 37(1) : Business expenditure-Consultancy fees-Studying and preparing a strategy to reduce cost of production-Allowable as revenue expenditure.

CIT v. Metropolitan Transport Corp. (Chennai) Ltd. (2021) 280 Taxman 249 (Mad.)(HC)

S. 37(1) : Business expenditure-Provision for wage arrears-Allowable as deduction. [S. 28(i), 145]

MRF Ltd. v. Dy. CIT (2021) 280 Taxman 439 (Mad.)(HC)

S. 37(1) : Business expenditure-Manufacturer of sports products-Advertisement-Training to pace bowlers-Allowable as business expenditure.

CIT v. M. Ranjan Rao (2021) 280 Taxman 59 (Mad.)(HC)

S. 28(va) : Business income-Compensation received for refraining from carrying on competitive business-Capital receipt-Prior to 1-4-2003. [S. 4]

Vellore Institute of Technology v. CIT (2021) 436 ITR 483 / 201 DTR 385 / 320 CTR 799 / 280 Taxman 402 (Mad.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Capitalisation fee-Misuse of funds-Cancellation of registration is held to be valid. [S. 11, 12, 12A, 12AA(3), Art. 226]

CIT v. Kovai Medical Centre and Educational Trust (2021) 280 Taxman 239 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Depreciation-Application of income-Entitle to claim depreciation. [S. 32]

Technip Frances SAS, In re (2021) 280 Taxman 117 (AAR)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Offshore supply of equipments-Transferred outside India and entire sale was executed outside India-Revenue received therefrom was not to be taxed in India-Basic engineering design services were intrinsically in respect of setting up of Butane-1 plant and same were rendered through project office of assessee in India, consideration received in respect of said basic engineering design services was liable to tax in India as business income of PE of assessee-DTAA-India-France. [Art. 7(1), 12]

PCIT v. Gladder Ceramics Ltd. (2021) 280 Taxman 446 / ( 2022) 440 ITR 459 (Guj.)(HC)

S. 2(22)(e) : Deemed dividend-Loans and advance-Provision is applicable-Matter remanded to Tribunal to decide on merit. [S. 260A]

Bharat Bhushan Jindal v. PCIT (2021) 436 ITR 102/ 201 DTR 251/ 320 CTR 766/ 280 Taxman 327 (Delhi)(HC)Bharat Bhushan Jindal v. PCIT (2021) 436 ITR 102/ 201 DTR 251/ 320 CTR 766/ 280 Taxman 327 (Delhi)(HC)

Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4 : Filing of declaration and particulars to be furnished – Tribunal recalled its order , restored appeal and posted it for fresh hearing- Doctrine of relation back were to be applied- Pendency of appeal of revenue before Appellate Tribunal- Rejection of application is held to be not valid [ Art , 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4 : Filing of declaration and particulars to be furnished – Tribunal recalled its order , restored appeal and posted it for fresh hearing- Doctrine of relation back were to be applied- Pendency of appeal of revenue before Appellate Tribunal- Rejection of application is held to be not valid [ Art , 226 ]