Year: 2020

Archive for 2020


IOV Registered Valuers Foundation v. CIT (2020) 180 ITD 1 (Delhi) (Trib.)

S. 12AA : Procedure for registration–Trust or institution-Education-Coaching to IBBI aspirant students for examination preparation-Matter remanded for adjudication. [S. 2(15), 11]

Baba Shankar Rajesh v. ACIT (2020) 180 ITD 160 (Chennai)(Trib.)

S. 10(4) : Non-resident–Stayed in India for 283 days for taking up employment–Not entitle to exemption. [S.6, 10(14(iii), Foreign Exchange Management Act, 1999, S.2(v)]

Gangadhar Narsingas Agrawal (HUF) v. ACIT (2020) 188 DTR 119/ 317 CTR 138(Bom.)(HC)

S. 271(1)(c) : Penalty–Concealment–Order of Tribunal set aside the appeal to CIT(A) is held to be valid. [S. 254(1)]

PCIT v. Cartier Leaflin (P.) Ltd. (2020) 268 Taxman 222 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Operation loss in share trading–Verified D-mat accounts, sales, purchases and closing stock–Revision is held to be bad in law. [S.28(i), 143(3)]

PCIT v. Destimoney India Services Pvt. Ltd. (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Rectification of mistake–When the claim is justifiably allowed by the AO the rectification order could not be construed to be erroneous and prejudicial to the interest of revenue. [S. 154]

Government Telecommunication Employees Cooperative Society Ltd. v. ITO (2020) 268 Taxman 17 (Mad.)(HC)

S. 254(1) : Appellate Tribunal–Duties-Tribunal cannot dismiss appeals in limine merely for non-appearance of party; it should give decision on merit- Matter remanded.

Universal Cold Storage Ltd. v. DCIT (2020) 268 Taxman 178 (Mad.)(HC)

S. 254(1) : Appellate Tribunal–Duties- Ex -parte decision on first day of hearing–Issue covered in earlier years-Rejection of application for recalling the order is held to be not justified– Directed to hear the appeal on merits. [S.254(2), Art. 226]

Kallettumkara Service Co-operative Bank Ltd. v. ITO (2020) 268 Taxman 10 (Ker.)(HC)

S. 251 : Appeal – Commissioner (Appeals)–Powers–CIT(A) has the power to decide stay petition-He should not direct the assessee to file stay petition before AO. [S.220(6), Art.226]

Siva Equipment Pvt. Ltd. v. ACIT (2020) 423 ITR 20/ 187 DTR 249/ 313 CTR 787/ 274 Taxman 420 (Bom.)(HC)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional grounds–Power of the Appellate authorities is co-terminous with the power of the assessing authorities-Order of Tribunal holding that CIT(A) has no jurisdiction to admit addition grounds is set aside–Directed the CIT(A) to decide on merit considering the additional ground. [S. 254(1)]

PCIT v. Shreyansh Corporation (2020) 421 ITR 153 /268 Taxman 334 (Guj.) (HC).Editorial : SLP of revenue is dismissed on ground of delay as there had been delay of 214 days in filing Special Leave Petitions without any satisfactory explanation in support of prayer for condonation . PCIT v . Shreyansh Corporation (2021) 277 Taxman 403 (SC)

S. 245D : Settlement Commission-Additional offer in addition to accepted liability-Cannot be termed as non-disclosure of full and true facts in application u/s. 245C of the Act–Writ of revenue is dismissed.[S. 245C, 245D (4), 245D(6) , 245D (7) Art. 226 ]