Year: 2020

Archive for 2020


CIT v. Manick Sons (1969) 74 ITR 1 (SC)

S.254(1) : Appellate Tribunal – Powers – No power to give any directions with respect to an assessment year not covered by the appeal. [ Indian Income-tax Act, 1922, S.33(4) ]

National Thermal Power Co. Ltd. v. CIT (1998) 229 ITR 383/157 CTR 249 (SC)

S. 254(1): Appellate Tribunal – Powers – Tribunal has jurisdiction to decide a question of law raised for the first time before it.

CIT v. S. Cheniappa Mudaliar (1969) 74 ITR 41 (SC)

S. 254(1) : Appellate Tribunal – Duties – Even where the appellant does not appear on the date of hearing, appeal has to be decided on merits. [ Indian Income -tax Act , 1922 S, 33(4) , Appellate Tribunal Rules, 1946, Rule 24 ]

Ajay Gandhi & Anr. v. B. Singh & Ors. (2004) 265 ITR 451/134 Taxman 537/186 CTR 506/179 Taxation 433 (SC)

S. 252 : Appellate Tribunal – Court – Ministry of law and justice – Judicial autonomy – Central Government cannot confer upon itself statutory power of transfer and posting of members of Income Tax Appellate Tribunal. [ S.255 ].

ITAT Through President v. V. K. Agarwal (1999) 235 ITR 175/101 Taxman 382/150 CTR 513 (SC)

S. 252 : Appellate Tribunal – Power of Law Secretary – Power is confined to administrative supervision – Law Secretary has no jurisdiction to interfere with the judicial functioning of the Tribunal. [S. 254, Contempt of Courts Act, 1971, S. 2 ]

Jute Corporation of India Ltd. v. CIT (1991) 187 ITR 688/(1990) 53 Taxman 85/88 CTR 66 (SC)

S. 251 : Appeal – Commissioner (Appeals) – Powers – Additional grounds can be raised during the course of appellate proceedings in respect of claims not made before Assessing Officer during the course of assessment proceedings.

Central Provinces Manganese Ore co Ltd v. CIT (1986) 160 ITR 961 (SC)/58 CTR 112/27 taxman 275 (SC)

S.246A : Appeal – Commissioner (Appeals) – Appealable orders – Denial of liability to pay interest under section 139(8) and 215 of the Act can be challenged in appeal – waiver or reduction of such interests are not appealable orders [ S.246(c)]

Columbia Sportswear Company v. DIT (2012) 346 ITR 161/75 DTR 33/251 CTR 353/210 Taxman 42/2012 (283) ELT 321 (SC)

S. 245N : Advance rulings – AAR Rulings can be challenged but not directly in the Supreme Court. [S. 245S, Constitution of India-Arts. 136, 226, 227]

Ajmera Housing Corporation v. CIT (2010) 326 ITR 642/193 Taxman 193/234 CTR 118/43 DTR 276 (SC)/8 SCC 739/(2011) 221 Taxation 1 (SC)

S. 245C : Settlement Commission – Application for settlement of cases – Undisclosed income – full and true disclosure – Revising the application during the course of proceedings is not permissible. [S. 245D(4)]

GE India Technology Cen. P. Ltd. v. CIT [2010] 327 ITR 456/193 Taxman 234/234 CTR 153/44 DTR 201/10 SCC 29/7 taxmann.com 18 (SC)

S. 195 : Deduction of tax at source – Payment to non-resident – Obligation to deduct tax arises only when a remittance is chargeable to tax under the Act – No obligation to deduct tax arises the moment a remittance is made [S. 192, 195(1) , 195(2), 237 ]