Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Narayana Chetty Roja v. PCIT (2021) 206 DTR 421 (AP)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-COVID-19-Violation of principle of natural justice-Order passed without giving an opportunity of hearing was set aside-Matter remanded. [Art. 226]

Gupta Trademart (P) Ltd. v. Dy.CIT (2021) 439 ITR 407/205 DTR 401 / 322 CTR 477 / .( 2022] 285 Taxman 632 (Raj.) (HC) Rajendra Gupta v. Dy.CIT (2021) 439 ITR 4007/ 205 DTR 401 / 322 CTR 477// .( 2022] 285 Taxman 632 (Raj.) (HC)

S. 245D : Settlement Commission-Application-Full and true disclosure-Opportunity of being heard-Settlement Commission directed to get Forensic Science Laboratory (FSL) report-Order was passed without giving an opportunity of hearing and without waiting for FSL report-Order of Settlement Commission was set aside-Directed to pass the order after getting FSL report and an opportunity of hearing. [S. 245C, 245D(4), Art. 226]

P. Suman (Smt.) v. CIT (2021) 205 DTR 385 / 322 CTR 655 / 130 taxmann.com 249/( 2022) 440 ITR 214 /285 Taxman 587 (Mad.)(HC)

S. 245D : Settlement Commission-Procedure-Application-Directed to file additional income-Entitle to immunity from penalty and prosecution. [S. 153CA, 245C, 245D(4), Art. 226]

Indu Srivastava v. ITSC (2021) 206 DTR 265 / 323 CTR 174 /( 2022) 440 ITR 280 / 286 Taxman 52 (All.)(HC)

S. 245C : Settlement Commission-Settlement of cases-Conditions-Manner of acquiring the income had been explained-Additional income was disclosed-Order of settlement Commission rejection of application was set aside-Directed the Interim board to decide the matter in accordance with law. [S. 56(2)(vii), 132(4A), 245D, 292C, Art. 226]

Jet Privilege (P.) Ltd. v. Dy. CIT (2021) 205 DTR 145 / 322 CTR 684 / 131 taxmann.com 119 (Bom.)(HC)

S. 245 : Refund-Set off of refunds against tax remaining payable-Stay of demand-Adjustment of refund without giving an intimation in writing is held to be bad in law. [Art. 226]

Eko India Financial Services (P.) Ltd. v. ACIT (2021) 205 DTR 113 / 322 CTR 201 / 283 Taxman 584 (Delhi)(HC)

S. 245 : Refund-Set off of refunds against tax remaining payable-Adjustment refunds in excess of 20% of outstanding is contrary to instruction No 1914 of 21-3-1996-Assessing Officer was directed to refund amount adjusted in excess of 20 per cent of disputed demand. [S. 220, Art. 226]

Mohandas Isardas Chatlani v. ITO (2021) 439 ITR 577 / 205 DTR 102 / 322 CTR 365 (Bom.)(HC)

S. 237 : Refunds-Commercial establishment-Appeal was decided in favour-Directed to refund the amount with interest with in four weeks-If there are no provision for payment of interest then the interest shall became payable at 12 % p.a. on the amount due after expiry of four weeks. [Wealth-tax Act, 1957, S. 2(ea)(i), 34A, Art. 226]

G. Soman v. ACIT (2021) 439 ITR 755 / 204 DTR 355 / 322 CTR 95 / 131 taxmann.com 170 (Ker.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default- Waiver of interest-Rejection of application without giving an opportunity of hearing was held to be not justified-Matter remanded. [S. 220(2A), Art. 226]

Skyline Engineering Contractors (India) (P) Ltd. Dy. CIT (2021) 206 DTR 60 / 322 CTR 745 (Delhi)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Adjustment of demand-Pendency of appeal before CIT(A)-Department is entitle to seek pre-deposit of only 20 per-cent of the disputed demand-Directed to refund the amount adjusted in excess of 20 percent of the disputed demand. [S. 245, Art. 226]

Life Insurance Corporation of India v. ITO(TDS) (2021) 205 DTR 429 / 322 CTR 432 / 283 Taxman 573 (Orissa)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Conveyance allowance-Additional allowance-Development Officers-Liable to deduct tax at source. [S. 10(14), 192, 264, Art. 226]