Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Chirayinkeezhu Service Co-op. Bank Ltd v. ITO (2020) 271 Taxman 72 (Ker.)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal on the ground of defective appeal-Rejection of stay application-Directed to file additional memorandum of appeal and stay application. [S. 220(6), 271B, Art. 226]

Aegis Customer Support Services (P.) Ltd. v. ITO (2020) 271 Taxman 198 (Bom.)(HC)

S. 237 : Refund-Delay in processing refund-Duties of tax Authorities-Directed to process return of income as expeditiously as possible and pay refund to assessee if any due. [S. 143(1), Art. 226]

TVL Sanmac Motor Finance Ltd. v. CCIT (2020) 271 Taxman 51 (Mad.)(HC)

S. 234A : Interest-Default in furnishing return of income-Waiver of interest-legal and financial disability for a long period due to subsistence of winding up order, no interest would be payable under sections 234A, 234B and 234C for aforesaid period. [S. 119(2)(a), 234B, 234C, Art. 226]

Pirna Urban Co-op. Credit Society Ltd. v. ITO (2020) 271 Taxman 32 (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay application-Directed to dispose stay application expeditiously and until said application is disposed of the Assessing Officer should not insist upon compliance of the recovery notice. [S. 220(6), Art. 226]

Anand Developers v. ACIT (2020) 271 Taxman 44 /425 ITR 261 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Housing project-No failure to disclose material facts-Reassessment is held to be not valid. [S. 80(IB)(10)(f), 148, Art. 226]

PCIT v. Core Carbons (P.) Ltd. (2020) 273 Taxman 420 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Export oriented undertakings-Bonafide claim-Deletion of penalty is held to be justified. [S.10B]

PCIT v. Goa Coastal Resorts and Recreation (P.) Ltd. (2020) 272 Taxman 157 (Bom.)(HC) Editorial : SLP of revenue was dismissed , PCIT v. Goa Coastal Resorts and Recreation (P) Ltd ( 2021 ) 282 Taxman 463 ( SC)

S. 271(1)(c) : Penalty-Concealment-Not recording of satisfaction-Order of Tribunal quashing the reassessment proceeding was affirmed.

Rajesh Prakash Timlo v. PCIT (2020) 272 taxman 59 /116 taxmann.com 487(Bom.)(HC)

S. 264 : Commissioner-Revision of other orders-Conversion of immoveable property in to stock in trade-Shown as capital gains-Matter remanded to Commissioner. [S. 5A, 143(1), Art. 226]

CIT v. International Society For Krishna Consciousness (2020) 272 Taxman 534 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Made enquiries and dropped reassessment proceedings-Possible view-Revision is held to be not valid. [S. 11, 12A, 80G, 139(4A), 147, 148]

Dalbir Singh v. Satish Chand (2020) 273 Taxman 317 (Delhi)(HC)

S. 254(1) : Appellate Tribunal-Duties-Pronouncement of orders-Repeated adjournments for orders or for pronouncement of judgment where arguments have been heard and orders have been reserved would not be permissible even during lockdown. [S. 260A, Order XII, Rule 6 of CPC]