Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Gladder Ceramics Ltd. (2021) 280 Taxman 446 / ( 2022) 440 ITR 459 (Guj.)(HC)

S. 2(22)(e) : Deemed dividend-Loans and advance-Provision is applicable-Matter remanded to Tribunal to decide on merit. [S. 260A]

Bharat Bhushan Jindal v. PCIT (2021) 436 ITR 102/ 201 DTR 251/ 320 CTR 766/ 280 Taxman 327 (Delhi)(HC)Bharat Bhushan Jindal v. PCIT (2021) 436 ITR 102/ 201 DTR 251/ 320 CTR 766/ 280 Taxman 327 (Delhi)(HC)

Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4 : Filing of declaration and particulars to be furnished – Tribunal recalled its order , restored appeal and posted it for fresh hearing- Doctrine of relation back were to be applied- Pendency of appeal of revenue before Appellate Tribunal- Rejection of application is held to be not valid [ Art , 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4 : Filing of declaration and particulars to be furnished – Tribunal recalled its order , restored appeal and posted it for fresh hearing- Doctrine of relation back were to be applied- Pendency of appeal of revenue before Appellate Tribunal- Rejection of application is held to be not valid [ Art , 226 ]

G. Ramkumar v. DY. CIT (2021) 280 Taxman 143 (Mad.)(HC) Vinay Kumar Maheswari v. ITO (2021) 280 Taxman 32 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S. 4 : Filing of declaration and particulars to be furnished – Appeal with drawn as dismissed .[ S.54B , 260A ]

ACIT v. G.S.L. Education Society (2020) 204 TTJ 17 (UO) (Vishakha)(Trib.)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-undisclosed income-Filed income tax return as per specified date-Penalty leviable only 10 %-Anonymous donations-derived income-purpose for which it is utilized-No need to mention address of donors. [S. 115BBC]

Jamsetji Tata Trust v. ACIT (2020) 208 TTJ 303 (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Notice-Not specifying the charge-Quantum appeal admitted before High Court-Penalty was deleted. [S. 274]

Pardeep Kumar Sareen v. ITO (2020) 206 TTJ 12 (UO) (Amritsar) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Failure to strike off the irrelevant default in show cause notice-Levy of penalty is held to be not valid. [S. 274(1)]

Darshan Pal Singh Garewal v. Dy. CIT (2020) 196 DTR 1 / 208 TTJ 259 (Amritsar)(Trib.) Malti Gupta v. Dy. CIT (2020) 196 DTR 1 / 208 TTJ 259 (Amritsar) (Trib.) Tejender Singh Sahai v. Dy.CIT (2020) 196 DTR 1 / 208 TTJ 259 (Amritsar)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Notice-Irrelevant words were not strike down by AO-Non application of mind by AO-Notice was bad in law-Levy of penalty is held to be bad in law. [S. 274]

Auro Gold Jewellery Pvt. Ltd. v. Dy.CIT (2020) 192 DTR 89 / 204 TTJ 1005 (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-disallowance u/s.10A-only on presumption basis-Not due to inaccurate information-Penalty was deleted. [S.10A]

ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Assessee’s good faith cannot be disproved-Transaction is held to be at ALP-Levy of penalty is held to be not justified. [S. 92CA(3)]

Mandeep Singh Dhillon v. PCIT (2020) 207 TTJ 9 (UO) (Amritsar)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Just because Commissioner was not satisfied with manner of verification and investigation-Assessment order held not to be erroneous-Revision order was quashed. [S. 143(3)]