Author: ksalegal

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PCIT v. Hans Chemicals Pvt. Ltd. (Bom)( HC) www.itatonline .org

S. 268A : Appeal – Instructions -Circulars – Monetary limits -2 crores- Applicability of revised CBDT monetary limits (Circular No 3 of 2018 dt 11-7 2028 (2018) 405 ITR 29 ( St), Circular 9 of 2024 , dated 17 th September , 2024 (2024) 468 ITR 1 ( St))- Exceptions Apply Prospectively – Pending Appeals Covered by revised threshold – Appeal of Revenue is dismissed.[ S.260A ]

Gokulakrishna v. DCIT ( Chennai )( Trib ) www.itatonline .org .

S. 45(4) : Capital gains – Distribution of capital asset – Dissolution of firm – Introduction of new partner – Amount received by existing partner for sacrificing his profit-sharing ratio – Realignment of share ratio – No transfer of asset – No capital gain taxable on relinquishment of share ratio-Post amendment , 2021 , Finance Act , 2021 . [S. 2(14), 2(47),9B , 45]

Indian Education Society. v. CIT (E) (2025) 210 ITD 92 (Mum) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Accumulation of income-Corpus donation-Issue dealt in revision proceedings was unrelated in character from issue of corpus donation received by assessee which was dealt in re-assessment proceedings-Revision order was beyond period of two years-order is barred by limitation-Revision is quashed and set aside.[S. 11, 12A 143(1), 147, 148]

Dr. Babasaheb Ambedkar Open University. v. CIT (E) (2025) 210 ITD 109 (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Government-funded educational institution-Assessing Officer has allowed the exemption based on a correct appreciation of facts and applicable law-Revision order is set aside. [S. 10(23C)(iiiab)]

Kamlesh D. Patel. v. ACIT (2025) 210 ITD 681 (Ahd) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Ex-parte assessment order-Foreign tax credit-Order is set aside-DTAA-India-USA [S. 90, 139(1), Form No.67, Art. 25]

Great Eastern Shipping Co. Ltd. v. Dy.CIT (2025) 210 ITD 501 (Mum) (Trib.)

S. 220 : Collection and recovery-Assessee deemed in default-No order or notice of demand was issued-Not liable to pay interest. [S.156, 220(2)]

Great Eastern Shipping Co. Ltd.v. Dy.CIT (2025) 210 ITD 501 (Mum) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Deducting lower tax in earlier months of financial year-Short fall is made good in next month-Not liable to pay interest. [S. 192(3), 201(IA)]

Vadodara Urban Development Authority. v. ITO (TDS) (2025) 210 ITD 185 (Ahd) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Local Authority-Leave encashment-liable to deduct tax considering the exemption limit up to 3 lakhs-Revenue authorities are directed to recompute the quantum of tax deductible. [S.10(10AA), 201(1), 201(IA)]

DCIT v. Anand Rathi Commodities Ltd. (2025) 210 ITD 239 (Mum) (Trib.)

S. 194A : Deduction at source-Interest other than interest on securities-Intermediary between clients-Not required to deduct TDS under section 194A in respect of payment made to its clients.[S. 2(28A)]

S.R. Ingots (P.) Ltd. v. ACIT (2025) 210 ITD 254 (Raipur) (Trib.)

S. 153A: Assessment-Search-Unabated assessments-No incriminating material was found during search-Addition is deleted. [S. 14A, 132, 132A, 147, 148]