Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


JMS Mining (P.) Ltd. v. PCIT (2021) 190 ITR 702 / 91 ITR 80 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-GSR expenses-Donation made to two trusts registered u/s 80G(5)(vi) of the Act-Revision was held to be not valid. [S. 37(1), 80G(5)(vi)]

Nextgen Vyapaar (P.) Ltd. v. PCIT (2021) 190 ITD 795 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Amount assessed after revision was less than the amount assessed earlier assessment order-Second revision on the ground that amount assessed was less than original assessment was held to be not justified. [S. 68, 133(6), 143(3)]

Gateway Terminals India Pvt. Ltd. v. DCIT 190 ITD 220 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Industrial undertaking-Infrastructure development-Interest on income tax refund and interest on fixed deposits-No power of review-Rectification application was rejected. [S. 80IA]

ITO v. Mohd. Akram (2021) 190 ITD 575 (SMC) (Lucknow)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Unexplained investment-Service of notice u/s. 143(2)-Miscellaneous application of revenue to rectify the mistake was dismissed. [S. 143(2)]

Techknoweledgy Interactive Partners P. Ltd. (2021) 190 ITD 643 / 205 DTR 1 / 213 TTJ 1 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation period is to be counted from date of service of order and not from date of order.

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Merged with four companies-Income shown in the return-Form no 26AS reflecting the tax deducted at source of merging companies-Denial of credit is held to be not justified.

DCIT v. Sasken Network Engineering Ltd. (2021) 190 ITD 544 (Bang.) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Income assessable to number of years-Credit for tax deducted at source shall be allowed cross those years in same proportion in which the income was assessable. [S. 4, 145, Rule 37BA]

Autodesk Asia (P.) Ltd. v. ACIT(IT) (2021) 190 ITD 123 (Bang.)(Trib.)

S. 195 : Deduction at source-Non-resident-Other sums-Distribution of computer software-Ancillary services-Services rendered and amount received outside India-Not royalty-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vi), Art, 12]

DCIT v. WNS Capital Investment Ltd. (2021) 190 ITD 344 / 202 DTR 97 (Mum.)(Trib.)

S. 195 : Deduction at source-Non-resident-Purchase of shares on 11-7 2008-Explanation 2 to section 195 which imposes tax withholding obligations on non-residents in respect of payments involving income taxable in India, was introduced by Finance Act 2012-Not liable to deduct tax at source. [S. 201(IA)]

Amrik Singh Bhullar v. ITO (2021) 190 ITD 355 (Chandigarh)(Trib.)

S. 154 : Rectification of mistake-Defect in application-Records-Opportunity must be provided to correct the defect-Every statutory order/decision and relevant facts which went into decision making of punching figures on e-portal at relevant point of time would constitute record for purposes of proceedings under section 154 of the Act-Matter remanded. [S. 139]