Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Solan District Truck Operators Transport Co-Operative Society (2020) 428 ITR 264 / 274 Taxman 397 (HP)(HC)

S. 237 : Refund-Interest on delayed refund becomes part of principal amount and also includes interest on delayed refund-Direction of the Tribunal to pay compensation in form of simple interest on amount due is held to be proper. [S. 243 244A 254(2)]

PCIT v. Ambuja Darla Kashlog Mangoo Transport Co-Operative Society (2020) 428 ITR 94 / 269 Taxman 618/ 317 CTR 363 / 195 DTR 99 (HP)(HC)

S. 237 : Refund – Delay in refund of excess of tax deducted at source- Interest on delayed refund becomes part of principal amount and also includes interest on delayed refund-Department was directed to pay compensation in form of simple interest on amount due. [S. 243, 244A(2)]

Ganapathy Haridaass v. ITO (2020) 428 ITR 505 / 272 Taxman 548 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal before CIT(A)-Assessing Officer is directed to pass the order as per the guidelines issued by the Central Board of Direct Taxes. [S. 154, 220(2), 221]

DIT(IT) v. Executive Engineer (2020) 428 ITR 294/ 194 DTR 364 (Karn.)(HC) Bangalore Water Supply and Sewerage Board v. ITO(IT) (2020) 428 ITR 294/ 194 DTR 364 (Karn.)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Short deduction –Limitation-No time limit prescribed-Within reasonable Time- Proceedings initiated after four years-Barred by limitation. [S. 201(IA)]

Tirunelveli District Central Co-Operative Bank Ltd. v. Jt.CIT (TDS) (2020) 428 ITR 249 / 275 Taxman 60 / ( 2021 ) 202 DTR 61/ 321 DTR 86 (Mad.)(HC)

S. 194N : Payment of certain amounts in cash-Enquiry prior to commencement of relevant assessment year-Principle of natural justice is violated-No adequate opportunity to respond to notice-Notice is held to be not valid-Existence of alternate remedy is not an absolute bar on issue of writ. [S. 201(1), 201(IA), Art. 226]

Zephyr Biomedicals v. JCIT (2020) 428 ITR 398 / 317 CTR 129 / 194 DTR 337 / (2021) 276 Taxman 305 (Bom.)(HC) Orchid Biomedical Systems v. JCIT (2020) 428 ITR 398 / 317 CTR 129 / 194 DTR 337 / (2021) 276 Taxman 305 (Bom.)(HC)

S. 194C : Deduction at source-Contractors-Advance payment-Liability to deduct tax at source only if there is income-Reimbursement of expenses-No income arises-Tax not deductible at source. [S. 190]

PCIT v. Shiv Sahai and Sons (I.) Ltd. (2020) 428 ITR 363 / (2021) 277 Taxman 50(Mad.)(HC)

S. 153A : Assessment-Search-Deletion of addition is held to be justified-No question of law. [S. 260A]

Naval Kishore Khaitan v. PCIT (2020) 428 ITR 62 (AP)(HC)

S. 147 : Reassessment-Notice issued after proper sanction-No return submitted in response to notice-Existence of alternate remedy-Writ to quash the notice is held to be not maintainable. [S. 148, 151, Art. 226]

PCIT v. Shree Laxmi Jewellery Pvt. Ltd. (2020) 428 ITR 379 (Mad.)(HC)

S. 147 : Reassessment –With in four years- Change of opinion- Speculative transactions – Reassessment is held to be not valid. [S. 43(5), 148]

CIT v. Ramesh Shroff (2020) 428 ITR 499 (Mad.)(HC)

S. 147 : Reassessment-With in four years-Agricultural land-Change of opinion-Reassessment is held to be not valid. [S.2(14), 148]