Author: ksalegal

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PCIT v. Silpa Project And Infrastructures (India) Pvt. Ltd. (2018) 402 ITR 512 (Ker)( HC)

S. 254(1) : Appellate Tribunal- Powers- Contractor -Turn over -Assessment based on turnover admitted by assesse, the Tribunal has no power to reduce the turnover.

Jubilant Securities Pvt. Ltd. v. Dy.CIT (2018) 400 ITR 527/ 163 DTR 1 / 253 Taxman 284 (Delhi) (HC) Jubilant Capital Pvt.Ltd v. Dy .CIT ( (2018) 400 ITR 527 / 163 DTR 1(Delhi)

S. 253 : Appellate Tribunal- Limitation -Delay of 1400 days- Dismissing the cross objections which was filed four years later was held to be justified [ S. 14A , 254(1) ]

Kudrat Sandhu v. UOI ( 2018) 255 Taxman 31/( 2018) (10) G.S.T.L 130(SC), www.itatonline.org

S. 252: Appellate Tribunal-Appointment of Tribunal Members under new rules-Interim directions issued regarding the method for selection of Tribunal Members and their terms and period of appointment.[Tribunals, Appellate Tribunals and Other Authorities (Qualifications, Experience And Other Conditions of Service of Members) Rules, 2017 ]

ITO v. Dr. Arvind Goverdhan. (2018) 61 ITR 159 (Bang) (Trib) ITO v. Monica Goverdhan ( Mrs) (2018) 61 ITR 159 (Bang) (Trib) ITO v Margrift Goverdhan( Mrs) (2018) 61 ITR 159 (Bang) (Trib) ITO v. Anitha Goverdhn ( Mrs) (2018) 61 ITR 159 (Bang) (Trib)

S. 251 : Appeal – Commissioner (Appeals) – Powers -Additional evidence- Matter decided in favour of assessee considering the additional evidence , without obtaining the remand report – Matter restored and directed to issue the matter after obtaining the remand report . [ R. 46A ]

DCIT v. Associated Pigments Ltd. (2018) 61 ITR 553 (Kol) (Trib)

S. 251 : Appeal – Commissioner (Appeals) – Powers to entertain new claim without filing revised return [ S. 139 ]

Televista Electronics Ltd. v. CIT (2018) 400 ITR 36 / 165 DTR 163 (Delhi) (HC)

S. 246 : Appeal – Deputy Commissioner (Appeals) – Appealable orders – Order charging interest u/S.154 was held to be appealable [ S. 154, 220(2), 246A ]

Shree Ganpati Synthetics (P.) Ltd. v. ACIT (2018) 168 ITD 357 (Asr) (Trib.)

S. 245-I : Settlement Commission – Conclusive – Order passed by Settlement Commission under S.245D(4) shall be conclusive as to matter covered therein and no matter covered by such order shall be reopened in any proceeding under Income tax Act or under any other law for time being in force. [ S. 245C, 245D(4) , 245E ]

PCIT v. Frontline Business Solutions (P.) Ltd. (2018) 252 Taxman 217 (Delhi)(HC)

S. 245D : Settlement Commission- Settlement Commission does not have power to rectify, review or re-examine order passed in the rectification application . [ S. 154, 234B, 245C ]

Anbuchezhian. v. ITSC (2018) 402 ITR 471/ 162 DTR 161/253 Taxman 253 /301 CTR 136 (Mad) HC)

S. 245C : Settlement Commission – Settlement of cases – Finding of the settlement Commission that disclosure of income was not full and true being finding of fact , High Court cannot interfere in writ proceedings . [ S. 245D, Art , 226 ]

Randstad India P. Ltd. v. DCIT (2018) 401 ITR 369 (Mad) (HC)

S. 244A : Refunds – Interest on refunds – CBDT notification dt. 1-8-2002 and Citizen’s Charter of Income-Tax Department In 2014 – Direction was issued to process the returns where refunds are due to be processed expeditiously . [ S. 143(1)]