Author: ksalegal

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Trimex Sands (P.) Ltd. v. PCIT (2024) 204 ITD 435 (Chennai) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Not earned any exempt income-Additional depreciation-Allowed in earlier year-Manufacture-Extraction of minerals from beach sand involved change in non-living physical object/article into a new and distinct object/article having different name and use-Activities amounts to manufacture-Revision is not valid. [S. 14A, 32(1)(ii), 32AC]

Sahachari Foundation. v. ITO (2024) 204 ITD 429 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations to NGOs out of accumulated funds-Not allowable as application of income-Deemed to be income of the assessee-Revision order is affirmed. [S. 11(2), 11(3), 12AA, ITAT R. 18(6)]

Lado Ceramic (P.) Ltd. v. PCIT (2024) 204 ITD 111 (Rajkot) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share application money-Issue of equity shares to 21 persons-Only four persons filed their balance sheet etc-Failure to make necessary and adequate enquiries into source of investment in shares-Order is erroneous-Revision is justified.[S. 68, 143(3)]

NSE clearing Ltd. v. DCIT 204 ITD 174/229 TTJ 31 (Mum) (Trib)

S. 254(2A) : Appellate Tribunal-Stay-Demand is stayed on condition that the assessee would not seek an adjournment-Multiple adjournments by assessee-Stay granted against recovery of outstanding demand was vacated and assessee was to be directed to pay outstanding taxes in three equal instalments. [S. 220, 254(1)]

Net Agri Co. (P.) Ltd. v. ITO (2024) 204 ITD 553 (Delhi) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Matter remanded to CIT(A)-New source Cash credits-Cash deposits-No enhancement notice was issued-Cannot travel beyond scope of direction given by the Tribunal-Addition is deleted.[S. 68, 69]

FR. Sauter AG v. ITO (2024) 204 ITD 559 (Delhi)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Additional evidence-Capital gains-Matter remanded to the file of CIT(A) to decide a fresh after considering the additional evidence.[S. 45, 48, R. 46A]

Tata Sons (P.) Ltd. v. DCIT (2024) 204 ITD 802 (Mum.)(Trib.)

S. 244A : Refunds-Interest on refunds-Adjustment of refund-Interest has to be calculated by first adjusting amount of refund already granted towards interest component and balance left, if any, shall be adjusted towards tax component-Provisions of section 244A(1A) would be applicable from 1-6-2016 till date of actual receipt of refund. [S. 244A(IA)]

Dharmapuri District Central Co-operative Bank Ltd. v. DCIT (TDS) (2024) 204 ITD 240 (Chennai) (Trib.)

S. 194N : Payment of certain amounts in cash-Transfer of funds to current account of various Co-operative Societies-Matter remanded to the file of the CIT(A)

Delhi Policy Group (reg.) v. ITO (2024) 204 ITD 118 (Delhi) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Registration-Rejection of claim under section 12A/12AA is not justified-Rectification application was to rectify inadvertent mistake which had crept in ITR filed by it online-Order of Assessing Officer denying the benefit of registration is quashed and set aside. [S.12A, 12AA]

United India Insurance Co. Ltd. v. DCIT TDS (2024) 204 ITD 8 (Chennai) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Failure to respond-Matter remanded back to file of Assessing Officer to afford one more opportunity of being heard to assessee.[S. 201(1), 201(IA)]