Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anoop Nopany v. ITO (2024)112 ITR 10 (SN) (Kol.)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny to full scrutiny-No mention in order-sheet that limited scrutiny converted into full scrutiny-Neither Principal Commissioner nor Department producing any document or approval for converting limited scrutiny into full scrutiny in case of assessee-Revision order and consequential proceedings bad in law-No appeal is filed against 263 order-Revision jurisdiction in this case by the Principal Commissioner was wrong and illegal, the consequential order passed under section 143(3) of the Act was also not sustainable in the eyes of law and was accordingly quashed. [S. 143(3)]

BSE Ltd. v. PCIT (2024)112 ITR 195 (Mum)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Contribution to core settlement guarantee fund controlled by Indian Clearing Corporation-Details filed before the Assessing Officer-Failure to showing how order of Assessing Officer is prejudicial to Revenue-Revision order is set aside. [S.10(23EE), 143(3)]

Sri Ram Mandir Katargam v. CIT (E) (2024)112 ITR 70 (SN)(Surat)(Trib)

S. 253 : Appellate Tribunal-Appeals-Delay of 506 days-Sufficient cause-Not diligent in pursuing issue relating to application-Delay is not condoned. [S.12A, 253(5)]

Asst. CIT v. Deepak Chanderbhan Sudhija (2024)112 ITR 63 (SN)(Mum)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Grounds of appeal-Deciding altogether different grounds of appeal which were not there in memorandum of appeal in Form 35 and allowing Appeal of assessee-Order set aside and direction to Commissioner (Appeals) to look into facts and pass an order on merits after giving proper opportunity of hearing. [S.68, 133(6), 246A, Form No. 35]

Shilp Gravures Ltd. v. Dy. CIT (2024)112 ITR 23 (SN)(Ahd)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Depreciation-Additional depreciation-Additional claim-Mismatch to be looked into and rectified after verification-Matter remanded. [S. 32, 143(1)]

Dy. CIT v. KCJ Buildtech P. Ltd. (2024)112 ITR 36 (SN) (Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Pendency of proceedings-Company’s name struck off from Register Of Companies-Assessing Officer had knowledge of name struck off-Order passed in name of non-existent company is not sustainable-Entire proceedings is quashed.[S.153A]

Tulshi Dealtrade P. Ltd. v. ITO (2024)112 ITR 68 (SN)(Kol)(Trib)

S. 147 : Reassessment-Accommodation entries-Share application money and share premium-Re assessment is held to be invalid.[S.68, 148 (2)]

Rajgir Gems LLP v. Asst. CIT (2024)112 ITR 28 (SN)(Mum)(Trib)

S. 145 : Method of accounting-Rejection of books of account-Trader and manufacturer of diamonds-Audit report not disclosing any defect in books of account-Diamond stock piece-wise, colour wise, data wise and carat-wise, and grade-wise held not legally tenable-Maintenance of books of account by assessee in accordance with provision of Act. [S.44AB, 145(3)]

ITO v. BASE Industries Ltd. (2024)112 ITR 56 (SN)(Surat)(Trib)

S. 145 : Method of accounting-Rejection of books of account-Estimation of profits at 3 Per Cent by the Assessing Officer is affirmed. [S.44AA, 145(3)]

Veeratham Sachdev v. Dy. CIT (IT) (2024)112 ITR 79 (SN)(Delhi)(Trib)

S. 144C : Reference to dispute resolution panel-Assessment-Eligible assessee-Resident Of Thailand Holding Residency Certificate-Matter remanded to Assessing Officer to pass speaking order duly following directions of Dispute Resolution Panel.[S. 143(3)]