Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Maharaja Ranjit Singh War Museum Society, Ludhiana v. CIT (2020) 275 Taxman 640 / 191 DTR 368 / 315 CTR 423 (P&H)(HC)

S. 11 : Property held for charitable purposes – Museum- Transfer of amount to Punjab State war heroes – Donee trust was not registered – Violation of provision- Addition is held to be justified [ S.11(2) , 11(3), 12AA ]

Granite Mart Ltd. v. ITO (2020) 193 DTR 231 / 315 CTR 714 (Karn.)(HC)

S. 10B : Export oriented undertakings – Deemed export -Export undertaken through third party who had exported goods to foreign country and had fetched foreign currency for India would still remain deemed export in hands of assessee- Entitle to deduction .[S.10A, Form No 56G , Rule 16E ]

Indo Hongkong Industries (P.) Ltd. v .Dy. CIT(2021)85 ITR 53 (Trib) (SN.)(Delhi) (Trib)

S. 271(1)(c) : Penalty – Concealment – Capital or revenue – Claiming deferred revenue expenditure – Levy of penalty is held to be not justified .

ACIT v. C. Aswathanarayana (2021) 85 ITR 74 (SN)(Bang) (Trib )

S. 271(1)(c) : Penalty – Concealment -Additional ground – delay in filing cross objection- Legal ground can be raised first time before Appellate Tribunal- Not specifying the charge -Failure to strike out inappropriate words in notice — Penalty is bad inn law .[ S.274 ]

Provimi Animal Nutrition India Pvt. Ltd. v .PCIT (2021) 187 ITD 214/ 85 ITR 9 (SN)(Bang) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Order of Tribunal holding in favour of assessee available at time of revision —Revision is held to be bad in law [ S.35(2AB )

Infinity Infotech Parks Ltd. v . Dy. CIT (2021)85 ITR 1 (SN)(Kol) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Loss — Carry forward and set-off- Revision is held to be valid – Assessing Officer in giving effect to allow such set off for assessment

Thimmareddy Krishnareddy v. ITO (2021) 85 ITR 22 (SN)(Bang) (Trib)

S. 254(1) : Appellate Tribunal- Powers-Even if no revised return filed, Assessee can claim exemption before appellate authorities — Claim under section 54F which was made first time before Appellate Authority ,admitted and directed the Assessing Officer to allow the claim in accordance with law [ S.54F ]

Kapoor Watch Co. Pvt. Ltd. v. ACIT (2021) 85 ITR 32 (SN)(Delhi) (Trib)

S. 194C : Deduction at source – Contractors – Payment of common area maintenance charges for operation and maintenance of Mall — Payment made directly to service providers — Not part of rent paid to owner —Provision of section 194I is not applicable [ S.194I , 201(1)]

Dinesh Salecha v. Dy. CIT (2021) 85 ITR 41 (SN)(Mum) (Trib)

S. 153A : Assessment – Search-Unabated assessment- No incriminating material – Includes assessments for years for which time for issue of notice under section 143(2) has lapsed [ S.132, 143 (2)]

Ram Niwas Jain v. ITO (2021)85 ITR 59 (SMC ) (SN)(Delhi) (Trib)

S. 151 : Reassessment – Sanction for issue of notice – Mechanical grant of approval – Failure to issue notice under section 143(2) — Reassessment Not Valid [ S. 68, 143(2), 147 , 148 ]