Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


GSP Crop Science P. Ltd. v. PCIT (2024) 110 ITR 24 (SN)(Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer has properly verified issues during original assessment-Expenditure on exempt income-Query raised in the course of assessment proceedings-Reply filed-Employment of new employees-In continuation of earlier years-Revision is not valid-Revision order is quashed-Revision on issue not included in notice-Revision is beyond scope of notice and not permissible. [S. 14A,80JJA, 143(3), R.8D]]

FCA Engineering India P. Ltd. v. PCIT (2024)110 ITR 61 (SN)(Chennai)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision Lease equalisation charges-Method of accounting-Following Accounting Standard-19 in respect of rent and lease charges paid-Debiting lease equalisation charges to profit and loss account, but adding it back to total income-Assessing Officer carrying out required enquiries-Assessment order is not erroneous and prejudicial to revenue.[S. 145, Accounting Standard-19]

Sourabh Sharma v. PCIT (2024) 110 ITR 677 (Jaipur)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Discrepancy in sales promotion expenses-Clarified by assessee-Plausible view after relevant inquiries-Revision is not valid.[S.37(1), 143(3), Explanation 2 to S. 263]

Ravinder Kumar Bansal v. PCIT (2024) 110 ITR 86 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Survey-Surrender letter-Business income-No findings were recorded by the Principal Commissioner how the deeming provisions were applicable and the order passed by the Assessing Officer was erroneous-Survey operation at business premises alone cannot be basis for revision.[S.68, 699, 69B, 69C 69D, 115BBE, 133A]

Ravi Sher Singh Toor v. PCIT (2024) 110 ITR 218 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposits-Demonetisation-Sales-Retail sale of petroleum products, customer-specific records not practicable-Assessing Officer having discretion in examination of transactions and level of inquiry-Audit report available for download and examination-Assessing Officer’s choice not to download and file copy for record not prejudicial to interests of revenue-Order is not erroneous-Cash gift from mother-Failure to explain the source-Creditors-Confirmations incomplete and deficient PCIT is justified in setting aside assessment order.[S. 68, 147 148]

S. Sagar Enterprise v. Dy. CIT (2024)110 ITR 68 (SN)(Mum)(Trib)

S. 253 : Appellate Tribunal-Appeals-Penalty-Concealment-Fess payable is only Rs.500-Paid Rs.10,000-Registry is directed to refund of Rs.9500. [S. 253(6)(d), 254(1), 271(1)(c)]

Karia Hareshbhai Bhagwandas, HUF v. ITO (2024)110 ITR 78 (SN) (Ahd)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Best judgement assessment-Dismissed ex-parte-Matter restored to Assessing Officer for assessment afresh. [S. 144, 147, Form No 26AS.]

Global Green Company Ltd. v. Asst. CIT (2024)110 ITR 29 (SN) (Delhi)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Not adjudicated on merits-Filed written submissions-Order is set aside and grounds restored to him for decision on merits, after affording adequate opportunity of being heard-Appeal filed before Bangalore bench-Time spent in filing appeal before Bangalore Bench is to be excluded-Delay in filing appeal is condoned.[S. 254(1)), Limitation Act, 1963, S.5]

Babubhai Ramanbhai Patel v. Dy. CIT (2024)110 ITR 39 (SN)(Ahd) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Duty of Commissioner (Appeals) to decide merits of each point arising in appeal-Matter remanded to Commissioner (Appeals) for adjudication afresh on merits after giving assessee opportunity of hearing. [S.250(4) 250(6)]

Padmakar Vishwas Date v. ITO (2024)110 ITR 48 (SN)(Pune)(Trib)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Only those specifically mentioned in Section-Fee-Default in furnishing the statements–Letter of ITO to assessee for recovery of outstanding demand-Not appealable. [S.234E]