Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anant Vardhan Pathak v. UOI (2020) 273 Taxman 23 (Bom.)(HC)

S. 132 : Search and seizure-Validity-Assessing Officer found contraband substance, but it was seizure by empowered officers of Narcotics Control Bureau, it could not be said that there was seizure by Income-tax Officers. [Narcotic Drugs and Psychotropic Substances Act, 1985 S. 8(c), 21(b)]

Quick Heal Technologies Ltd. v. UOI (2020) 272 Taxman 163 (Bom.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Deduction at source-Computer software-There is no legal right to petitioner and/or its customers to compel CBDT to give ruling/clarifications on issue of tax deduction at source under section 194C/194J as regards shrink-wrapped-packaged software. [S. 119(1), 194C, 194J, Art. 226]

PCIT v. Aacharan Enterprises (P) Ltd. (2020) 273 Taxman 85 (Raj.)(HC)

S. 115BBE : Tax on income referred in section 68, or section 69 or section 69B or section 69C or section 69D-Finance Bill, 2016-No set off any loss against deemed income-Provision cannot be applied retrospectively. [S. 72]

PCIT v. Rattanchand Rikhadbas Jain Chemical Works (2020) 273 Taxman 261 (Bom.)(HC)

S. 80IB(10) : Housing projects-Completion / occupation certificate issued by Municipality-Tribunal order allowing the claim is affirmed. [S. 260A]

CIT v. Astoria Leathers (2020) 273 Taxman 159 (Mad.)(HC)

S. 80IB(10) : Housing projects-Developer-Owner-If developer was allowed to claim deduction under section 80IB (10) equivalent to its share in profit, assessee land owner should also be allowed to claim deduction of its share, direction of Tribunal was proper. [S. 260A]

Dy.CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi)(HC)

S. 80IA : Industrial undertakings-Enhancement of profit-Incidental income arising to electricity distribution company on account of commission on arrears, replacement of burnt metres, inspection fee, reconnection fee, miscellaneous recovery from suppliers etc., which are incidental incomes would be eligible to deduction. [S. 32, 40(a)(ia), 40A(3), 43B]

Ravinder Kumar v. ITO (2020) 273 Taxman 369 (Delhi)(HC)

S. 68 : Cash credits-Sales from Kiran business-Cash deposit in bank account-Failure to produce any material-Addition is held to be justified.

PCIT v. Amravati Infrastructures Developers (P) Ltd. (2020) 272 taxman 133 (P&H)(HC)

S. 68 : Cash credits-Share capital-Identity and genuineness is established-Deletion of addition is held to be valid.

CIT v. Umayal Annamalai (Smt.) (2020) 273 Taxman 146 (Mad.)(HC)

S. 54F : Capital gains-Investment in a residential house-Invested sale proceeds of old asset in new property before due date of filing belated return and took possession within three years-Entitled to exemption though she had not invested sale proceeds in Capital Gain Account Scheme before due date of filing of return under section 139(1). [S. 45, 139(1)]

CIT v. Kishan House Builders Association (2020) 273 Taxman 451 (Karn.)(HC)

S. 45 : Capital gains-Purchase and sale of land-Assessable as capital gains and not as business income. [S. 28 (i)]