Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajasthan State Electricity Board, Jaipur v. UOI (2020) 275 Taxman 501 / 187 DTR 466 / 313 CTR 754 (SC)

S. 143(1A ) : Assessment – Intimation -Amendment made to section 143(1A) by Finance Act, 1993 with retrospective effect from 1-4-1989 is constitutionally valid .

PCIT v. CIMS Hospital (P.) Ltd. (2020) 193 DTR 275 / (2021) 318 CTR 349 (Guj)(HC)

S. 115JB : Book profit – Disallowance u/s 14A were deleted – No adjustment could be made while computing book profit [ S.14A , R.8D ]

PPN Power Generating Company (P.) Ltd. v. CIT (A) (2020) 275 Taxman 143 / 194 DTR 329 (Mad.)(HC)

S.115JB: Book profit – Receipt in subsequent year – Rate of tax is same – Directed the Assessing Officer and pass the consequential order

CIT v. Mandavi Builders, Mangalore (2020) 275 Taxman 519 / 317 CTR 709 / 195 DTR 273 (Karn.)(HC)/Editorial : SLP of revenue is dismissed ; CIT v. Mandavi Builders (2022) 284 Taxman 371 (SC

S. 80IB(10) : Housing projects- Sale of flats to single or related persons – Amendment is prospective- Unaccounted income found in the course of search -Business income – Deduction cannot be denied [ S.80IB(10)(e), (f) ] S. 80IB(10) : Housing projects- Sale of flats to single or related persons – Amendment is prospective- Unaccounted income found in the course of search -Business income – Deduction cannot be denied [ S.80IB(10)(e), (f) ]

CIT v. Tidel Park Ltd. (2020) 430 ITR 214 / 317 CTR 440 / 195 DTR 191 (Mad.)(HC)

S. 80IA :Industrial undertakings – Lease rent income of industrial park is assessable as business income and eligible for deduction [ S. 22, 28 (i) ]

CIT v. S. Mahalakshmi (Smt) (2020) 274 Taxman 179 / 189 DTR 256 / 315 CTR 919 (Mad.)(HC)

S. 8IA : Industrial undertakings – Manufacture – Process of converting raw urad into urad dhal is a manufacturing activity – Entitle to deduction .

Shree Karthik Papers Ltd. v. Dy. CIT (2020) 273 Taxman 546 / 196 DTR 248 (Mad.)(HC)

S. 72 : Carry forward and set off of business losses -Unabsorbed depreciation -Can be set off against sum chargeable to tax as income u/s 68 of the Act – Provision of S.115BBE which barred set off of losses against income determined u/s 68 was effective from 1-4 -2017 and not applicable for the Assessment year 2006 -07 [ S. 32 , 68 71 ,115BBE ]

CIT v. Manojbhai Bhupatrai Vadodaria (2020) 273 Taxman 220 / 317 CTR 278 / 194 DTR 201 (Guj.)(HC)

S. 69B : Amounts of investments not fully disclosed in books of account – Set off of gross unaccounted payments on certain transactions against unaccounted receipts for computing undisclosed investment – Non recovery of cash paid cannot be allowed as deduction . [ S 37 (1),69C ]

PCIT v. Kunvarji Commodities Brokers (P.) Ltd. (2020) 274 Taxman 162 / 193 DTR 18 / (2021) 432 ITR 180 / 318 CTR 597 (Guj.)(HC)

S. 69A : Unexplained money – Client code modification – Commodity broker – Statement was retracted – Deletion of addition is held to be justified [ S. 132 (4), 153A, 260A ]

CIT v. Shardlow India Ltd. (2020) 193 DTR 73 / 316 CTR 297 (Mad.)(HC)

S. 47(v) : Capital gains – Transaction not regarded as transfer – Subsidiary to holding company – 25% of share holding is held by nominee share holding of holding company – Exemption cannot be denied [ S.45 ]