Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Association of Physicians of India v. CIT(E) (2021) 92 ITR 642 / 207 DTR 169/(2022) 215 TTJ 8(UO) (Amritsar)(Trib.)

S. 12A : Registration-Trust or institution-Medical education and medical relief to medical students and medical doctors in Malwa Region-Entitle for registration. [S. 2(15)]

Artemis Education and Research Foundation v. CIT(E) (2021) 92 ITR 45 (SN) / (2022) 192 ITD 173 / 216 TTJ 58 / 210 DTR 113 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Medical research, establishment of hospitals, health promotion-Denial of exemption is not justified. [S. 12, 12AA(3)]

Bombay Chamber of Commerce and Industry v. ITO(E) (2021) 92 ITR 64 / (2022) 192 ITD 257 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Promotion and protecting trade, commerce and manufacture in Bombay Presidency-Entitle to exemption. [S. 2(15), 12A, 12AA(3)]

American Express (India) Pvt. Ltd. v. JCIT (2021) 92 ITR 576 (Delhi)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Travelling expenses to employees-cannot be treated as fees for technical services. [S. 92CA]

Turner Broadcasting System Asia Pacific Inc. v. Dy. CIT(IT) (2021) 92 ITR 57 (SN) (Delhi)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Offering income as business income in Terms of Mutual Agreement Procedure-Income cannot be taxed as royalty-Credit for tax deducted at source-Entitle to claim the credit for tax deducted at source in the country in which the related income was offered to tax. [S. 144C(13), DTA-India-USA, Art. 5(4), 7]

Sunrise Biscuit Co. Pvt. Ltd. v. ITO (2021) 92 ITR 599 / 214 TTJ 785/(2022) 213 DTR 265 /140 taxmann.com 6 (Gauhati)(Trib.)

S. 4 : Charge of income-tax-Subsidy-Exemption from value added tax for Newly set up manufacturing units or existing units for substantial expansion-Capital receipt-Liable to be excluded from computation of book profit. [S.115JB]

Dy. CIT v. Ankit Metal and Power Ltd. (2021) 92 ITR 189 (Kol.) (Trib.)

S. 4 : Charge of income-tax-State of West Bengal Industrial Policy Scheme-Sales tax or Value added tax subsidy and power subsidy-For setting up new units in State-Capital receipts.

Tata Communications Transformation Services v. ACIT (2022)443 ITR 49/ 212 DTR 241/ 325 CTR 49 ( Bom) (HC)/Rajebahadur Madhusudan Trimbak v ITO (2022)443 ITR 49/ 212 DTR 241/ 325 CTR 49 (Bom)(HC)

S. 148: Reassessment – Notice-Constitutional validity – The delegation authorized being only for the purpose of enlarging limitation under a valid law, such delegation could not be exercised to resurrect the provision of law that stood omitted from the statute book by virtue of its substitution made by the Finance Act, 2021, w.e.f. 01.04.2021 – Reassessment notices issued under section 148 of the Act are quashed-It is left open to the assessing authority to initiate – Re-assessment proceedings in accordance with the provisions of the Act, as amended by the Finance Act, 2021 after making due compliance as required under the law. [S. 147, 148A, 149, 151, 151A, 153, 292 Relaxation of Certain Provisions) Act, 2020 (TOLA), S. 3(1) of the Act 38 of 2020, Art. 226]

Vishal Ashwin Patel v. ACIT [2022] 136 taxmann.com 372 / www.itatonline.org (SC) Editorial: Reversed Vishal Ashwin Patel v. ACIT (WP Nos. 3209/2019, 3150/2019, 3208/2019 and 3137/2019 (Bom)(HC) dated January 11, 2022.

S. 147 Reassessment – Notice – Writ Petition – High Court dismisses the Petition – Not a reasoned order – Order set aside to High Court and decide a fresh on their merits . [S. 148 ,Art , 226 ]

Tata Power Co. Ltd. v. PCIT (2021) 90 ITR 554 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Original assessment allowing the claim u/s. 80IA of the Act-Reassessment to disallow excess claim of deduction-Deduction was not subject matter in reassessment-Limitation to be counted from original assessment-Matter dealt with original assessment-Revision was quashed. [S. 8OIA, 143(3), 147]