Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


C.S. Raghoji (Bellary) v. Dy. CIT (2021) 277 Taxman 61 (Karn.)(HC)

S. 254(1) : Appellate Tribunal-Powers-Deduction at source-Tribunal admitted the additional evidence and remanded the matter to decide afresh-Order of Tribunal is affirmed. [S.40(a)(ia)]

Sri Venkkaliamman Educational and Charitable Trust v. Dy. CIT (2021) 277 Taxman 257 (Mad.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Property held for charitable purposes-Purchase of gold bullion-Application of income-Matter remanded to the Tribunal. [S. 11(5), 12AA, 13 (1)(d)]

Ntt Data Global Delivery Services Ltd. v. ACIT (2021) 277 Taxman 143 (Karn.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Free trade zone-Not deciding the grounds raised by observing that the academic-Tribunal directed to decide the ground on merit. [S. 10A]

Employers Federations of Southern India v. CIT(E) (2021) 277 Taxman 266 (Mad.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Charitable purpose-Questions concerning relations between employers and employees in Southern India in order to protect their interests-No finding as regards the activity of the trust whether commercial-Matter remanded to the Assessing Officer. [S. 2(15), 11]

Karnataka State Beverages Corporation Ltd. v. ACIT (2021) 277 Taxman 58 (Karn.)(HC)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Appeal would be maintainable in respect of subject matter which do not pertain to grounds under section 263 of the Act. [S. 43, 251, 263]

CIT v. Adhiparasakthi Charitable Medical, Educational & Cultural Trust (2021) 277 Taxman 333 / 202 DTR 175/ 321 CTR 210 (Mad.)(HC),CIT v. Bangaru .G . 2021) 277 Taxman 333/ 202 CTR 175/ 321 CTR 210 (Mad.)(HC)

S. 245D : Settlement commission-Second application is maintainable-Order of Settlement commission cannot be neither in violation of any statutory provisions of the Income-tax Act nor is there any defect in the decision making process-Writ of the revenue was dismissed. [S. 132, 245C, 245HA, Art. 226]

Adhiprasakthi Charitable, Medical, Educational & Cultural Trust v. DGI (Inv.) (2021) 277 Taxman 355 (Mad.)(HC)

S. 245D : Settlement Commission-Educational institution-Application is allowed to be proceeded with-Settlement Commission have exclusive jurisdiction to perform functions of Income-tax authority as provided under section 245F of the Act-Withdrawal of exemption by Director General (Inv.) was held to be not valid. [S. 10(23C)(iv), 132, 153A, 245C, 245F(2) Art, 226]

Agilent Technologies India (P.) Ltd. v. ACIT (2021) 277 Taxman 153 (Delhi)(HC)

S. 240 : Refund-Appeal effect was not given for eight months-Court directed to pass appeal effect order and to grant refund along with interest. [S. 154, 244A, Art. 226]

CIT v. Canara Bank (2021) 277 Taxman 414 (Karn.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Mere grant of stay of demand the assessee cannot be absolved from mandatory levy of interest. [S.220(2)]

PCIT v. S.R. Trust (2021) 438 ITR 506/ 277 Taxman 133/ 208 DTR 325 / 323 CTR 1047 (Mad.)(HC)

S. 153C : Assessment-Income of any other person-Search and Seizure-In absence of any incriminating documents or evidence discovered against assesse the assessment is bad in law. [S. 12AA, 132]