Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Golden Charitable Trust v. CIT(E) (2024) Chamber’s Journal-June-P. 115 (Pune) (Trib)

S. 12A : Registration-Trust or institution-Lease transactions-Business income-Lease agreement for 50 Years-Violation of Maharashtra Stamp Act, 1958 and Maharashtra Public Trust Act, 1950-Denial of registration is affirmed. [S.12AA(1), Maharashtra Public Trust Act, 1950, S. 36(IA), Maharashtra Stamp Act, 1958, Registration Act, 1908, S. 17]

Pico Deepali Overlay Consortium v. DCIT (2024) Chamber’s Journal-February-P. 94 (Delhi)(Trib)

S. 2(31) : Person-Association of person-Characterization of consortium-Agreement-Terms of the agreement will be the deciding factors-Taxable as an AOP and not as individual members.

JCIT v. Aries Agro Ltd (Mum)( Trib) www.itatonline .org .

S. 68 : Cash credits – Cash deposit – Demoetizaation- Sales – Produced names , address , PAN etc- Parties have responded to the notices u/s 133(6)- Sales are accepted by VAT department – No defects in the books of account – Order of CIT(A) deleting the addition is affirmed .[ S.133(6), 143(3) ]

Srinivasan Jayaprakasam v. CBDT (2025) 171 taxmann.com 101 /473 ITR 245 (Mad)(HC)

Direct Tax Vivad Se Vishwas Scheme, 2024 (2024) 467 ITR 1 (St)(63)
S. 89 : Definitions-Appellant-Benefit of Vivad Se Vishwas Scheme, 2024 extended to those assesses in whose case the time for filing appeal has not expired as on 22 July 2024.[S.89(1)(a)) DTVSV Act, 2020, S. 2(1)(a), Art. 226]

Sanjay Bhandari v. ITO (2025) 473 ITR 294 (Delhi) (HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

S. 51: Punishment for willful attempt to evade tax-Failure to file return-Search-Prosecution not dependent on completion of assessment-Summing order is upheld-Alternative remedy-Writ petition is dismissed, [S.2(12), 16, 50, 51, Income-Tax Act 1961, S. 131(IA), 132, 139]

K. N. Subramaniam v. PCIT (2025) 473 ITR 439 (Mad.) (HC)

S. 281 : Certain transfers to be void-Writ-Recovery of tax-Attachment of property-Transfer of property-Validity-Assessee denying sale of attached property to petitioner-Transfer void ab initio-Tax Recovery Officer not required to declare sale as invalid-Petitioner given liberty to file Civil suit in Civil Court. [S. 220(6),, Sch II R.11 Art. 226]

L. T. Stock Brokers Pvt. Ltd. v. CCIT (Bom) (HC)(UR)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Compounding of offence-Compounding application could not have been rejected on delay alone-Limitation-CBDT guidelines dated 16 November 2022.[S. 279(2), Art.226]

Vinubhai Mohanlal Dobaria v. Chief CIT [2017] 247 Taxman 253 / (2025) 473 ITR 387 (Guj.) (HC) Editorial : Decision of High Court is reversed, Vinubhai Mohanlal Dobaria v. Chief CIT (2025) 473 ITR 394 (SC)/Editorial : Decision of High Court is reversed , Vinubhai Mohanlal Dobaria v. Chief CIT (2025) 473 ITR 394/ 303 Taxman 415 (SC) and directed that fresh application for compounding before the competent authority has to be filed within two weeks and the same shall be adjudicated by the competent authority having regard to the conduct of the appellant, the nature of the offence and the facts and circumstances of the case within a period of four weeks from the date on which the application is filed by the appellant. Accordingly, the proceedings pending before the Trial Court shall remain stayed pending the decision of the competent authority on the compounding application of the appellant.

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Certain categories of offences not to be compounded other than first offence-Wilful failure to file returns in due time-“First offence” as defined in Guidelines-Failure to file return before due date for assessment year 2013-2014 despite issue of notice for not filing in time for assessment year 2011-2012-Offence committed by assessee not first offence-Rejection of application in consonance with Guidelines; Guidelines for Compounding of Offences under Direct Tax Laws, 2008 (2015) 371 ITR 7 (St). [S. 139, 276CC279(2), Art. 226]

Hansa Metallics Ltd. v. Dy. CIT (2025) 472 ITR 737 (P&H) (HC)

S. 276: Offences and prosecutions-Wilful attempt to evade tax-Delay in payment of tax does not amount to evasion of tax-Prosecution is not valid.[S. 276(2)]

CIT (TDS) v. Adma Solutions Pvt. Ltd. (2025) 473 ITR 36/302 Taxman 106 / 342 CTR 643 (Delhi) (HC)

S. 275: : Penalty-Bar of limitation-Failure to deduct tax at source-Survey-Notice for penalty after five years-The penalty order is barred by limitation if issued after the statutory time frame of six months from the end of the month in which penalty proceedings were initiated-Notice and penalty is unsustainable. [S. 260A, 271C, 272A(2)(c) (k), 275(1)(c)]