Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Trust for Reaching the Unreached through Trustee v. CIT(E) (2021) 279 Taxman 229/ 202 DTR 39 (Guj.)(HC)

S. 11 : Property held for charitable purposes-Accumulation of income-Exemption cannot be denied merely on the ground of delay in filing the form No 10. [S. 12A, Art. 226]

PCIT v. Syngene International Ltd. (2021) 279 Taxman 364 (Karn.)(HC)

S. 10B : Export Oriented undertakings-Manufacture or production-Providing contract research services in field of molecular biology and synthetic chemistry-Eligible for exemption.

Wipro Ltd. v. Addl. CIT (2021) 279 Taxman 203 (Karn.)(HC)

S. 10A : Free trade zone-losses of unit eligible for deduction were already set-off against other business income-Such losses could not be again carried forward and set-off against eligible profits of same unit in subsequent year-Computer software sales made to STP/SEZ units would not be excluded from export turnover for computing deduction under section 10A/10AA-VAT/GST would not be excluded from export turnover and total turnover for computing deduction under section 10A/10AA. Tribunal could not exclude 80 per cent of uplinking charges from turnover when such exclusion was already limited to 5 per cent of telecommunication charges while computing deduction under section 10A. [S. 10AA]

Gopalbhai Babubhai Parikh v. PCIT (2021) 436 ITR 262 / 279 Taxman 464 (Guj.) (HC)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Exemption not claimed in the return-Exemption claimed on the basis of judgement of supreme Court-Exemption was allowed-Order shall not be cited as precedent. [S. 143(3), 264, Art. 226]

CIT(IT) v. Micro Focus Ltd. (2021) 279 Taxman 242 (Delhi)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Sale of software-Not royalty-DTAA-India-UK. [Art. 13]

Paraminder Singh Kalra v. CIT (2020) 429 ITR 577 / 196 DTR 433 / 318 CTR 211 / (2021) 279 Taxman 316 (Delhi)(HC)

S. 276D : Offences and prosecutions-Failure to produce books of accounts-Documents-Three separate complaint were part of same transaction-Clubbing of complaints and joint trail was allowed [S. 276C(1), 277, Code of Criminal Procedure, 1973, S. 200]

Forzza Projects (P.) Ltd. v. PCIT (2021) 279 Taxman 459 (Ker.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Mere failure to pay income tax based on self assessment would not constitute offence-Proceedings was quashed. [S. 27C(2), 276CC, 278E]

Vedanta Ltd. v. CIT (2021) 279 Taxman 358 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Under-invoicing-Justice Shah Commission report-Notice based on reports of Serious Fraud Investigation Office (SFIO)-Assessment was completed without proper inquiries-Revision is held to be justified, it was competent for Commissioner to invoke revisional jurisdiction and direct fresh assessment.

CIT v. Bosch Ltd. (2021) 279 Taxman 422 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Scientific research-100 per cent EOUs-Expenditure on R&D claimed under section 35(2AB) had no connection whatsoever with 100 per cent EOUs-Revision is held to be not valid. [S. 10B, 35(2AB]

K. R. Satyanarayana v. CIT (2021) 279 Taxman 175 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business income or capital gains-Revision is held to be not justified. [S. 28(i), 45]