Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


NXP India P. Ltd. v. PCIT (2020) 83 ITR 52 (SN) (Bang.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue- Depreciation-Different treatment for leased assets for book purposes and Income tax return-Revision is held to be valid. [S. 32]

Manisha Ajay Shah (Mrs.) v. PCIT (2020) 83 ITR 75 (SN) (Mum.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Long term capital gains-Penny stock-Sale of shares-Acceptance of declaration-Plausible view-Revision is held to be not sustainable. [S.10(38) 45, Income Declaration Scheme, 2016]

ITO v. Aravali Prime Consultants P. Ltd. (2020) 83 ITR 2 (SN) (Jaipur) (Trib.)

S. 254(1) : Appellate Tribunal-Duties-Additional evidence-Failure by department to show why documents needed or explain connection of documents with controversy in question-Additional evidence not to be admitted. [ITAT R, 1963, 29]

ITO v. Sudhansubala Rout (2020) 83 ITR 15 (SN) (Cuttack)(Trib.)

S. 253 : Appellate Tribunal-Monetary limits-Gift from husband-On merit and also on the basis of circular of the Board , the appeal of revenue was dismissed. [S. 69]

Chitradurga District Co-Op. Central Bank Ltd. v. Dy. CIT (2020) 83 ITR 81 (SN) (Bang.)(Trib.)

S. 253 : Appellate Tribunal-Vivad Se Vishwas Scheme-Appeal Dismissed As Withdrawn-[Direct Tax Vivad Se Vishwas Act, 2020]

Ulhas Vasantrao Bagul v. Dy. CIT (2020) 83 ITR 49 (SN) (Pune)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Amendment by Finance Act, 2001-Commissioner (Appeals) cannot restore matter to Assessing Officer for verification and fresh decision-He must take decision one way or other-Appellate Tribunal-Additional ground raised by the assessee was admitted-Matter remanded to the Assessing Officer. [S. 132(4A), 250, 254(1)]

Hitech Comprint Pvt. Ltd. v .Dy. CIT (2020) 83 ITR 57 (SN) (Bang.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Duties-Coterminous powers with the Assessing Officer-Remand report-No steps taken by Assessing Officer to verify the facts-Commissioner (Appeals) is duty bound to verify the documents filed by the assessseee- Matter remanded to Commissioner (Appeals).

Dhanagiri (Alias) Sulegi Mallesh (Late) and Vittgal Sulegi v. ITO (2020) 83 ITR 33 (SN) (Hyd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Duties-Capital gains- Commissioner (Appeals) not considering the documents produced before him- Matter remanded to Assessing Officer. [S. 254(1)]

Snap Computer Systems Pvt. Ltd. v. ITO(IT) (2020) 83 ITR 28 (SN) (Indore)(Trib.)

S. 195 : Deduction at source-Non-resident-Fees for technical services-Consulting services-Commission for procuring orders from customers -No permanent establishment or business connection in India-Not liable to deduct tax at source. [S. 9(1)(vii), 201(1), 201(IA)]

Dy. CIT(LTU) v. Union Bank of India (2020) 83 ITR25 (SN) (Mum.)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from record-Bad and doubtful debts-Assessing Officer giving effect to the order of the Appellate Tribunal and allowing the bad and doubtful-Rectification of reassessment order on same issue is not permissible. [S. 36(1)(viia) 148, 254(1)]