Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Centrient Pharmaceuticals Netherlands B.V. In re (2021) 200 DTR 37 (AAR)

S. 245R : Advance rulings – Application – Pendency of proceedings – Issue of notice u/s 143 (2)- Application is not barred for entertaining the application . [ S. 143(2), 245R(2) ]

Tata Communications Ltd v. UOI (2021) 201 DTR 185/320 CTR 683 (Bom.) (HC)

S. 244A : Refund – Interest on refunds – Tax deduction at source – Directed to complete the process of refund along with applicable interest within a period of two weeks from the receipt of the order . [ S. 143(1), Art , 226 ]

Ingenico International India (P) Ltd. v. Dy. CIT (2021) 200 DTR 1 / 319 CTR 665 (Delhi) (HC)

S.241A: Refund- Withholding of refund in certain cases -Notice issued u/s 143 (2)- Refund cannot be withheld – Directed to refund the amount within ten days of receipt of copy of judgement ..[ S. 143(1) ,143 (2), Art , 226 ]

Niharahemad Varjikhan Pathan v. ITO (2021) 199 DTR 153 / 320 CTR 697 (Guj.)(HC)

S. 148 : Reassessment –Notice- Failure to file return by the partnership firm – Notice cannot be issued to individual partners to file the return- Notice was quashed .[S.44AD, 139, 147 , Art , 226 ]

Watnamal Boolchand & Co. Ltd v. ACIT (IT) (2021) 202 DTR 321 / 321 CTR 548 (Mad.)(HC)

S. 147 : Reassessment – Survey – Various documents – Business connection in India- Notice issued to file the return was held to be valid . [ S. 5(2). 6(3), 9(1)(i), 92CA(3), 148,151, Art , 226 ]

Sanjay Agrawal v. PCIT (2021) 199 DTR 533 / 319 CTR 684 (Chhattisgarh) (HC)

S.147: Reassessment – After the expiry of four years – Income escaped assessment – Not barred by limitation – Reassessment notice was held to be valid [ S.40A(3), 147,151 Art, 226 ]

Lokesh Constructions (P) Ltd v. ACIT (2021) 202 DTR 149 (Delhi)(HC)

S. 144B : Faceless Assessment –Natural justice – Failure to issue show cause notice and draft assessment order as per faceless assessment scheme 2019 – Assessment order and consequential notices are set side . [ S. 156, 274 , Art , 226 ] S. 144B : Faceless Assessment –Natural justice – Failure to issue show cause notice and draft assessment order as per faceless assessment scheme 2019 – Assessment order and consequential notices are set side . [ S. 156, 274 , Art , 226 ]

AAS20 Veerappampalayam Primary Agricultural Co-op. Credit Society Ltd v. Dy. CIT (2021) 202 DTR 391 / 321 CTR 163 (Mad.)(HC)

S. 80AC : Return to be furnished – Intimation- Co-Operative Societies -Chapter V1A deduction was disallowed – Return was not filed within stipulated under section 139 of the Act – Recovery proceedings – Writ petition was dismissed on the ground that no claim under any of provisions of Part C of Chapter VIA would be admissible in case of a belated return.[ S. 80AC(ii), 139(1) 143(1)(a) , Art , 226 ]

CIT v. Daughters of Marry Immaculate & Collaborators ( 2021) 200 DTR 210( Mad) (HC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Advance of money to group trust which are having similar objection – Denial of exemption is held to be not valid [ S. 11(5), 13(1)(d)]

CIT (E) v. Sri Maramaa Temple Seva Trust (2021) 320 CTR 353 / 200 DTR 282 (Karn) ( HC) CIT (E) v. Sri Maramaa Temple Seva Trust (2021) 320 CTR 353 / 200 DTR 282 (Karn) ( HC)

S. 12AA : Procedure for registration –Trust or institution-Mixed objects –Religious as well as charitable objects -Refusal of registration was held to be not justified . [ S. 11, 80G(v), 80G(vi) ]