Author: ksalegal

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Maharashtra Jeevan Pradhikaran v. JCIT (TDS) (2021) 190 ITD 147 / 88 ITR 30 (SN) (Pune)(Trib.) Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Delay in filing TDS return-Tax deducted at source was deposited on time-No loss to revenue-Levy of penalty was held to be not justified. [S. 272(2)(k)]

Bhushan Lal Sawhney v. DCIT (2021) 190 ITD 225 / 91 ITR 565/ 212 TTJ 357/ 203 DTR 249 (Delhi) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Not specifying the specific charge in the notice-Penalty levied was deleted. [S. 274]

Shringar Marketing (P.) Ltd. v. PCIT (2021) 190 ITD 16 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Exempt income-Expenses was verified in the original assessment proceedings-Revision was held to be not valid. [S. 14A, R. 8D]

Satish Kumar Lakhmani v. PCIT (2021) 190 ITD 73 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Genuineness of transaction was verified by the Assessing Officer-Revision was held to be not valid. [S. 10(38), 45]

Jenirich Agro Products (P.) Ltd. v. DCIT (2021) 190 ITD 308 (Chenni) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transporter-Failure to deduct tax at source-Objection not considered-Revision was held to be bad in law. [S. 40(a)(ia), 194C (6), 194C(7)]

JMS Mining (P.) Ltd. v. PCIT (2021) 190 ITR 702 / 91 ITR 80 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-GSR expenses-Donation made to two trusts registered u/s 80G(5)(vi) of the Act-Revision was held to be not valid. [S. 37(1), 80G(5)(vi)]

Nextgen Vyapaar (P.) Ltd. v. PCIT (2021) 190 ITD 795 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Amount assessed after revision was less than the amount assessed earlier assessment order-Second revision on the ground that amount assessed was less than original assessment was held to be not justified. [S. 68, 133(6), 143(3)]

Gateway Terminals India Pvt. Ltd. v. DCIT 190 ITD 220 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Industrial undertaking-Infrastructure development-Interest on income tax refund and interest on fixed deposits-No power of review-Rectification application was rejected. [S. 80IA]

ITO v. Mohd. Akram (2021) 190 ITD 575 (SMC) (Lucknow)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Unexplained investment-Service of notice u/s. 143(2)-Miscellaneous application of revenue to rectify the mistake was dismissed. [S. 143(2)]

Techknoweledgy Interactive Partners P. Ltd. (2021) 190 ITD 643 / 205 DTR 1 / 213 TTJ 1 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation period is to be counted from date of service of order and not from date of order.