Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Jay kumar Singh v. PCIT (2020) 187 DTR 283 / 313 CTR 609 (MP )(HC)

S. 245D : Settlement Commission –Limitation Application filed by the assessee is barred by limitation – Writ petition dismissed .[ S.245D(4), 245D(6B), Art, 226 ]

Tata Telle Services Ltd v. PCT (2020) 196 DTR 145 / 317 CTR 841 (Delhi) (HC)

S. 226 : Collection and recovery – Stay -Penalty demand – Collected more than 20% of penalty in dispute – Revenue is directed to refund the excess of 20% collected by the revenue [ Art .226 ]

BT India P. Ltd. v. ITO (2020) 188 DTR 58 / 315 CTR 341 (Delhi)(HC)

S. 201 : Deduction at source – Failure to deduct or pay – Covid -19 – Notices withdrawn – Proceedings dropped [ S. 201(1)(IA), Art , 226 ]

CIT v. Pushupati Granites P. Ltd. (2020) 188 DTR 109/316 CTR 663 (Bom) (HC)

S. 158BE : Block assessment – Time limit – Prohibitory order -Last panchanama- Prohibitory order does not extend the limitation – Order of Tribunal is affirmed . [ S.132 , 158BC ]

PCIT v. Sunil M. Thakkar (2020) 317 CTR 262 (Bom)(HC)

S. 158BC : Block assessment – Undisclosed income –After examining the details the Tribunal deleted the addition on facts – No question of law [ S.158BB(1), 260A]

Essilor India P. Ltd v. ACIT (2020) 187 DTR 430 / 315 CTR 199 (Karn) (HC)

S. 148 : Reassessment – Notice issued u/s 92CA based on the reassment notice was challenged as the objection to reassment notice was not disposed off – Directed to dispose the objection and proceedings u/s 92CA was stayed [S. 92CA, 148, Art , 226 ]

Nielsen (India) P. Ltd. v. Dy. CIT (2020) 187 DTR 451 (Bom) (HC)

S. 147 : Reassessment –Failure to deduct tax at source- No failure to disclose material facts – Reassessment is bad ib law .[ S.40(a)(ia), 148 Art , 226 ]

PCIT v. K.R. Jayaram (2020) 192 DTR 281 / 316 CTR 560 (Mad) (HC)

S. 147 : Reassessment – Real estate business- Improvement cost –Change of opinion – Reassessment is hedl to be bad in law [ S.148 ]

CIT v. Tidel Park Ltd (2020) 317 CTR 440 / 195 DTR 191 (Mad) (HC)

S. 147 : Reassessment – Developing, operating and maintaining information technology parks – Lease rental – Change of opinion – Reassessment is held to be bad in law [ S.80IA(iii), 148]

CIT v. Kesarwani Sheetalaya (2020) 190 DTR 377 (All) (HC)

S. 69A : Unexplained money -Cold storage -Entries tallied with stock register – No vilatiion of U.P .Regulstion of Cold Storage Act , 1976- Deletion of addition is held to be justified -No question of law [S.260A, U.P. Regulation of Cold Storage Act, 1976. ]