Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hubli Advocates Urban Co-op. Credit Society v. PCIT (2021) 281 taxman 634/ 208 DTR 261/(2022) 325 CTR 482 (Karn.) ( HC )

S. 251 : Appeal – Commissioner (Appeals) – Powers -Stay –Natural justice – Stay application was rejected without providing an opportunity of hearing – Order was set aside [ S. 220 (6) , Art , 226 ]

P. Udaya Shankar v. ITSC (2021) 281 Taxman 134 (Mad.) (HC )

S. 245D : Settlement Commission – Application -Retraction of statement – Order passed by the Settlement commission rejecting the application was affirmed [ S. 245C, 245D(4) , Art , 226 ]

CLC & Sons (P) Ltd v. Dy. CIT (2021) 281 Taxman 17 (Delhi) (HC)

S. 237 : Refunds – Refund was erroneously refunded to another company – Notice was issued to the department [ Art. 226 ]

CIT(IT) v. SMS Mavac UK Ltd. (2021) 129 taxmann.com 91 (Delhi ) ( HC) Editorial : SLP is granted to the revenue; CIT(IT) v. SMS Mavac UK Ltd. (2021) 281 Taxman 364 (SC)

S. 234B : Interest – Advance tax -Non-resident – Entire tax was to be deducted at source – Not liable to charge any interest .

Queen Agencies v. ACIT (2021) 206 DTR 180/ 281 Taxman 147/ 322 CTR 808 (Mad.) (HC)

S. 220 : Collection and recovery – Assessee deemed in default -Stay – Non -speaking order – Order set aside [ S. 220( 6), Art , 226 ]

PCIT v. Kal Comm. (P) Ltd. (2021) 436 ITR 66/ 203 DTR 249/ 321 CTR 771 / 281 Taxman 388 (Mad.) ( HC)

S. 199 : Deduction at source – Credit for tax deducted -Cable operator – Subscription not shown as income – Tax deducted was paid to Government – Entitle to credit .[ S.199 (2) , Rule 37BA(2) (i) ]

Sadhna Tolasariya v. ITO (2021) 202 DTR 377/ 281 Taxman 354/ 328 CTR 721 (Mad.) ( HC)/Laxmi Kanta Talasaiya v. ITO 2021) 202 DTR 377 / 328 CTR 721 ( Mad ) (HC)/Praveen Amin Bhathara (Smt) v. ITO ( 2021) 202 DTR 377 / 328 CTR 721 ( Mad ) (HC) Rjesh Gupta v ITO ( 2021) 202 DTR 377 ( Mad ) (HC)

S. 149 : Reassessment – Time limit for notice – From the date of issue of notice and not from service of notice- Writ petition was dismissed . [ S. 147, 148 , 281, Art , 226, General Clauses Act , 1897 , S. 27 ]

Bagaria Properties and Investments (P) Ltd v. UOI (2021) 281 Taxman 218 (Cal.)(HC)

S. 148: Reassessment – Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) – Conducting inquiry, providing opportunity before issue of notice – Notice was issued without following mandatory obligations – Notice was issued – Matter was posted for final hearing after eight weeks .[ S. 3,147, 148A, Art , 226 ]

Rambhai Mafatlal Patel v. ITO (2021) 281 Taxman 196 / 323 CTR 712/( 2022) 210 DTR 213(Guj.)( HC)

S. 148 : Reassessment –Notice – Notice was not served on the assessee – Capital gains – Sale of agricultural land – Reassessment proceedings was quashed [ S.147 , 292BB , Art , 226 ]

Perumallur Vankipuram Janardhanan v. ITO (2021) 281 Taxman 184 (Mad.)( HC)

S. 148 : Reassessment – Notice was served on the last known address – Tribunal remanding the matter – Remand is held to be justified [ S..147 , 254(1) ]