Author: ksalegal

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DCIT v. Saroj Kumar Poddar (2021) 212 TTJ 250 / 90 ITR 223 / 203 DTR 81 (Kol.) (Trib.)

S. 254(1) : Appeal to Appellate Tribunal-Powers-Request for adjournments of six months on account of COVID-19 pandemic was rejected-Lat opportunity was granted.

ACIT v. SG Portfolio (P) Ltd. (2021) 211 TTJ 970 / 201 DTR 393 (Delhi)(Trib.)

S. 253 : Appellate Tribunal-Order of CIT(A) quashing the reassessment proceedings in the absence of valid sanction under section 151 not challenged before Appellate Tribunal-Appeal not maintainable on merits of the case. [S. 143(2), 147, 151, 253(2)]

DCIT v. Pipal Tree Ventures Pvt. Ltd. (2021) 210 TTJ 258 (Mum.) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-Where the AO has not been provided adequate opportunity to go through the additional evidence, the admission and examination of the additional evidence by Ld. CIT(A) is completely inadequate. [S. 254(1), Rule 46A of Income-Tax Rules, 1962]

Munish Chander Khurana v. ITO (2021) 89 ITR 4 (SMC) (SN) (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Order of reassessment was quashed for want of valid prior sanction of PCIT-Direction to issue fresh reassessment notice was quashed and set aside. [S. 147, 151, 250]

I Brands Beverages Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 49 (SN) (Bang.)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-Fair market value-Directed to admit additional evidence corrigendum issued by Valuer to valuation report. [S. 56(2)(viib), 254(1)]

Monika (Smt.) v. ITO (2021) 89 ITR 54 (SN) (Chd.)(Trib.) Urmila Devi (Smt.) v. ITO (2021)89 ITR 54 (SN) (Chd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex Parte Order-Dismissal of appeal in Limine without speaking order-Order set aside and remanded for disposal afresh. [S. 250(6)]

Metalysst Forgings Ltd v. ACIT (2021) 89 ITR 12 (SN) (Delhi)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-E. Filing of appeal with effect from 1-3-2016-Dismissal of appeal-Matter remanded to CIT (A) for providing an opportunity to file appeal in electronic mode and decide in accordance with law-Appeal decided ex-parte was also set aside. [S. 254(1), R. 45]

ACIT v. North American Coal Corporation India Pvt. Ltd. (2021) 211 TTJ 907/ 201 DTR 241 (SMC) (Pune)(Trib.)

S. 240 : Refund-Refund due to the assessee as per the order passed by settlement commission-AO is bound to issue refund. [S. 199, 245C, 245D(4)]

Concrete Technologies Pvt. Ltd. v. ITO (2021)89 ITR 14 (SN) (Delhi)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Buyer deducting tax on entire sum paid-Claimed credit for entire credit for tax deducted-Only part of income was shown as receipt for the year-Matter remanded.

DCIT v. WNS Capital Investment Ltd. (2021) 211 TTJ 641 / 202 DTR 97 (Mum.)(Trib.)

S. 195 : Deduction of tax at source-Other sums-Tax at source(TAS) not liable to be deducted and no interest payable for failure to deduct TAS. [S. 201(IA)]