Author: ksalegal

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ACIT v. Progressive Constructions Ltd ( 2018) 161 DTR 289 /63 ITR 516/191 TTJ 549( SB) ( Hyd) (Trib)

S. 254(1): Appellate Tribunal- Cross objection- Delay of 138 days- Delay due to oversight was held to be not sufficient cause -Delay was not condoned[ S. 253 ]

Vinod Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib) Shyam Sundar Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib) Ramnaresh Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib) Pawan Kumar Agarwal v. CIT (2018) 61 ITR 598 (Kol) (Trib)

S. 254(1): Appellate Tribunal — Delay of 93 days in filing appeal was condoned [ S. 263 ]

Rajdhani Systems And Estates P. Ltd. v. ACIT (2018) 61 ITR 664 (Ctk ) (Trib)

S. 254(1): Appellate Tribunal —Addition was made in original assessment – Reassessment was made making further additions — Original assessment order does not merge with reassessment order — Assessee not challenging additions made in reassessment order — Appeal was held to be not maintainable [ S.143(3),147 ]

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 ]