Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kesar Buildcon (P.) Ltd. v. PCIT (2025) 215 ITD 1 (Ahd) (Trib.)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Deemed dividend-Assessing Officer passed assessment order in accordance with limited scrutiny assessment and did not make inquiries on issue of amount received by assessee company as loan from another company which was outside scope of CASS selection-Order cannot be treated as erroneous-Revision order was quashed-Tribunal also held that the deemed dividend can be taxed only in hands of shareholder of lending company, and not in hands of concern in which such shareholder is interested. [S. 2(22)(e), 143(3)]

ITO v. Bhoomi Classic Co-op HSG. Soc. Ltd.(Mum) (Trib.)(UR)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Deduction-Rectification application of revenue was dismissed. [S. 80P (2)(d)]

Attivo Protezione (P.) Ltd. v. ITO (2025) 215 ITD 463 (SMC) (Mum) (Trib.)

S. 254(1): Appellate Tribunal-Powers-Delay of 1370 days-Reasons for delay unexplained-Delay was not condoned.[S. 253]

Axiomatic iTech (P.) Ltd. v. ITO (2025) 215 ITD 625 (Ahd) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Expenditure on scientific research-Ex parte order-Matter was remitted back to CIT(A) for de-novo adjudication.[S. 35(1)(ii), 250, 254(1)

Yogesh Gandhi. v. ACIT(2025) 215 ITD 662 (Delhi) (Trib.)

S. 199: Deduction at source-Credit for tax deducted-Sale of property-Received part consideration in a later year-Income was offered in earlier year-Deduction of TDS at time of part settlement was to be allowed to assessee. [S. 143(1), R. 37BA]

Upasani Super Speciality Hospital (P.) Ltd. v. ITO (2025) 215 ITD 231 (Mum) (Trib.)

S. 199: Deduction at source-Credit for tax deducted-Takeover of business-Income had been taxed in the hands of assessee-company and partnership firm had not claimed credit, assessee was entitled to credit of tax deducted at source. [S.143(1), Rule 37BA]

Antaash Sheikh. (Mrs) v. ITO (2025) 215 ITD 114 (Bang) (Trib.)

S. 199: Deduction at source-Credit for tax deducted-Failure to deposit tax deducted at source by employer-No TDS credit in Form 26AS-TDS credit based on salary slips, assessee could not be denied TDS credit merely due to employer’s fault.[S. 205, Form 26AS]

Sugee Seven Developers LLP. v. ITO, TDS. (2025) 215 ITD 296 (Mum) (Trib.)

S.194IC: Deduction at source-Payment under specified agreement-Joint development agreement-Exchange for constructed area and monetary consideration-Payments constituted those under a specified agreement as per section 45(5A)-Attracted TDS at 10 per cent under section 194IC-Treated as assessee in default-Short deduction of tax deduction at source-Payee offered the income and paid tax-Matter was to be remitted to Assessing Officer to verify if payee offered income to tax, and if so, assessee should not be treated as assessee in default. [S. 45(5A), 201, 201(IA), Form No 26A]

Pradeep Kumar Banerjee v. CIT (A) (Kol.)(Trib) (UR)

S. 151 : Reassessment-Sanction for issue of notice-Order passed by ignoring the revised return filed by assessee-No satisfaction recorded by Pr. CIT before granting approval-Reassessment order was quashed and set aside. [S. 147, 148]

Sanjana Clothings (P.) Ltd. v. AID, CPC (2025) 215 ITD 256 / 238 TTJ 446 (Indore) (Trib.)

S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC-Assessee was to be directed to file Form No. 10IC within one month from the date of receipt of this order.[Form No 10IC]