Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kavita Sachdev. (Smt.) v. ITO (2024) 207 ITD 204 /115 ITR 265 (Indore) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Self assessment tax paid prior to issue of reopening of notice-Penalty is deleted. [S. 139, 140A, 148]

ITO v. M.P. Police Sakh Sahakari Sanstha Maryadit. (2024) 207 ITD 768 (Indore) (Trib.)

S. 268A : Appeal-Instructions-Circulars-Monetary limits-Audit objection-Appeal to Tribunal-Revenue filed appeal before Tribunal claiming that in view of circulars of CBDT case would fall under exception provided in Circular No. 3/2018 as same was case of audit objections-In view of latest CBDT Circular No. 5/2024, dated 15-3-2024, there was no exception to monetary limit regarding any audit objection-Due to low tax effect appeals of revenue would not be maintainable and were to be dismissed. [S.80P, 253]

Ashok Kumar. v. PCIT (2024) 207 ITD 583 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Bank deposits-Capital gain-Purchase of agricultural after due date of filing of return-land se Reassessment proceedings initiated-No addition was made-Order is not erroneous and prejudicial to interest of revenue on issue of capital gain. [S. 45,54B, 68, 139(1), 147, 148]

Mullanpur Garibdas Co-operative Multipurpose Society. v. PCIT (2024) 114 ITR 646 / 207 ITD 454 /229 TTJ 847/ 238 DTR 153 (Chd) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-Operative society-Interest income-Income from other sources-Interest income derived from fixed deposits with cooperative banks-Entitle to deductions.[S.56, 80P(2)(d)]

Mafatbhai Bhikhabhai Parmar. v. PCIT (2024) 207 ITD 316/231 TTJ 85/240 DTR 338 (Ahd) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Salary-Perquisite-Difference in salary as per Form No.16 and salary disclosed in ITR-Amount received on VRS-The Assessing Officer had not conducted proper inquiries in respect of claims made by assesseee-Revision is held to be justified. [S.10(10C),10(10CC), 10(10B), 16, 17(2), 40(a)(v), Form No.16]

DCIT v. ANI Integrated Services Ltd. (2024) 207 ITD 91 /231 TTJ 21/241 DTR 247 (Mum) (Trib.)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Subsequent judgement of Supreme Court-Order of Tribunal cannot be recalled based on subsequent judgment of Supreme Court when order of Tribunal had attained finality between parties-Deduction of payment towards employees’ contribution to PF and ESIC is that same should be deposited on or before due date prescribed under PF and ESIC Acts-Rectification application of Revenue is dismissed. [S. 36(1)(va), 139(1)), Code of Civil Procedure, 1908, Order XLVII, rule 1]

DCIT v. Ranjeet Kumar Mohanlal Jain. (2024) 207 ITD 126 (Mum) (Trib.)

S. 253 : Appellate Tribunal-Appeals-Appeal in the name of dead person-Legal heir is not brought on record-Appeal of revenue is dismissed. [S. 254(1)]

Bijesh Kabra. v. ITD (2024) 207 ITD 549/115 ITR 8 (SN) (Surat) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Erroneously decided appeal based on facts and grounds of different case-Order of CIT(A) is set aside [S. 56(2)(vii)(b), 147, 250(6)],

Farhan Majid Dar. v. ITO (2024) 207 ITD 430 (Amritsar) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Service of notice-Procedure-Ex parte order-Notice is not issued to email address provided by assessee in Form 35 or on email address provided in profile information-Order of CIT(A) is set aside and matter remanded back to adjudicate appeal afresh. [Form No 35]

Balwinder Singh. v. ITO (2024) 207 ITD 400 (Amritsar) (Trib.)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Pre-deposit of tax-Advance tax-No taxable income-No obligation to pay advance tax-Order of CIT(A) refusing to admit appeal for hearing for non-payment of tax as per provisions of section 249(4)(b) is set aside-Directed to decide the appeal on merits.[S. 208, 249(4)(b)]