Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ajoy Sharma v.Dy. CIT (2024)114 ITR 702/232 TTJ 81 (UO) (Trib)(Jaipur)

S. 271(1)(c) : Penalty-Concealment-Reassessment-No difference between returned income and assessed income-Penalty is not leviable. [S. 139(4), 148]

ITO v. Sunil Bhagwandas Vorani (HUF) (2024)114 ITR 146 (Mum)(Trib)

S. 271(1)(c) : Penalty-Concealment-Reassessment-Bogus purchases-Notice issued to parties returned as unserved by postal authorities-Addition on estimate basis-Deletion of penalty is affirmed. [S. 133(6), 147]

A.CIT v Mahashian Di Hatti P. Ltd. (2024)114 ITR 44 (SN)(Delhi)(Trib)

S. 270A:Penalty for under-reporting and misreporting of income-
Closing stock-Difference in value-Inadvertent mistake cannot be considered as misreporting of income. [S. 44AB, 270A(8)]

Jagadhri Co-Operative Marketing Cum Processing Society Ltd. v Pr. CIT (2024)114 ITR 631 / 227 TTJ 676 /239 DTR 99(Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-Operative Society-Interest on deposits with Co-Operative Bank-Entitled to deduction-Order of Assessing Officer is not erroneous and prejudicial to interests of revenue-Revision order is set aside.[S.80P(2)(d), 143(3)]

Gyan Infrabuild P. Ltd. v. PCIT (2024)114 ITR 184/230 TTJ 273/ 239 DTR 265 (Pat)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and Seizure-Order passed after getting approval from Joint Commissioner-Order passed after examining the documents-Addition made on third-party based on documents and recorded statements-Third party order is not revised-Double taxation–Referred documents not of impugned assessment year or not belonging to assessee-Revision order is not valid. [S.133A 153A, 153B]

ACIT v. Ludhiana Beverages P. Ltd. (2024)114 ITR 81 (SN)(Amritsar)(Trib)

S. 254(1): Appellate Tribunal-Additional evidence Commissioner (Appeals)-Specific request of the CIT(A) to produce invoices of particular period-No violation of Rule 46A. [S. 250, R.46A]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Dismissing appeal without appreciating grounds on merits-Transfer Pricing-Not dealing with issues-Disallowance of expenditure-Exempt income-Cryptic order-Matter remitted to Commissioner (Appeals) for fresh consideration. [S. 14A, 92C, 92CA, 115BBD, 154, R.8D]

Brijeshkumar Jayantibhai Patel v. ITO (2024) 114 ITR 1 (SN) (Ahd) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Commissioner (Appeals) is bound to adjudicate appeal on merits in accordance with law by speaking order recording reasons.[S.69A, 250(6)]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Powers-Dismissing the appeal without deciding on merits-Transfer price-Comparable-Exempt income-Matter remitted to Commissioner (Appeals) for fresh consideration.[S. 14A, 92C 92CA, 115BBD, R. 8D]

Naresh Topandas Aidasani v. Dy. CIT (2024)114 ITR 76 (SN)(Mum) (Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Affidavit-Missing E-Mail received-No reason to dis believe the affidavit-Delay condoned-Matter remanded to CIT(A) to decide on merit.[S. 246A, 271(1)(c)]