Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Totgars’ Co-Operative Sale Society Ltd. v. PCIT (2023)106 ITR 34 (Bang) Trib)

S. 263: Commissioner-Revision of orders prejudicial to revenue-
Revision-Deposit of cash-Demonetisation Period-Deposits directly made by debtors of assessee-Details of cash deposits from parties furnished before Assessing Officer-The Assessing Officer is an investigating and an adjudicating officer-It is not necessary to give a detailed reason in the assessment order in respect of each and every question for the completion of assessment-Possible view-Revision is not valid . [ S. 68, 143(3) ]

Srei Equipment Finance Ltd. v. PCIT (2023)106 ITR 109 (Kol) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Revision-Provision for non-performing assets-write back-Corporate social responsibility expenses-Suo motu adding back expenses in revised return and offering it to tax-Additional Depreciation-Claim made in original return-Withdrawn in revised return-Revision order is quashed . [ S. 32, 37(1 139(5)143(3)]

Kanoi Tea P. Ltd. v. PCIT (2023)106 ITR 648 (Kol) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Proper enquiry conducted in the original assessment proceedings-Possible view-Revision order is quashed-Delay of 963 days is condoned. [ S. 143(3) , 253(5) ]

India Property (Mauritius) Company Ii, Mauritius v. Asst. CIT (IT) (2023)106 ITR 130 / [2024] 164 taxmann.com 440 (Delhi) (Trib)

S. 254(2A) : Appellate Tribunal-Stay-Long-term capital gains-Credit for taxes paid in Mauritius-Prima facie assessee entitled to stay-Directed to pay 20 percent of outstanding demand-Recovery proceedings stayed .

Channakeshava v. Asst. CIT (2023)106 ITR 47 (SN)(Bang) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional evidence admitted and remanded for de novo consideration-Delay in filing appeal is condoned. [S. 253]

Dy. CIT v. Bilcare Ltd. (2023)106 ITR 411/ 224 TTJ 655 / 151 taxmann.com 456 (Pune) (Trib)

S. 254(1) : Appellate Tribunal-Duties-Right of Respondent to support order of Commissioner (Appeals) on ground decided against Him. [ITAT R,1963, R. 27]

Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)

S. 251: Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect .[ S. 250 ]

Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect.[S. 250]

KEM Light Laboratories P. Ltd. v. ITO (2023)106 ITR 588 (SMC) (Mum) (Trib)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Mistakenly mentioning wrong section under which order appealed against passed-Dismissal of appeal on technical ground not justified-Assessee to be permitted to rectify mistake. [S. 143(1), 143(3), 254(1)]

Airports Authority of India v. ITO (IT) (2023)106 ITR 111 (SN.)(Delhi) (Trib)

S. 195 : Deduction at source-Non-resident-Other sums-Fees For Included Services-Matter remanded to the Assessing Officer-DTAA-India-United States of America.[ S.195((2), Art. 12]