Home › Archive for Income-Tax Act › Page 1431
Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mulberry Silks Ltd v. Settlement Commission (IT and Wt.) (2020) 428 ITR 136/ ( 2021 ) 277 Taxman 361 / 201 DTR 49/ 320 CTR 604 (Mad.)(HC)Editorial: Order of single Judge is affirmed Mulberry Silks Ltd v.ITST (2020) 426 ITR 444 / 117 Taxmann.com 62/ ( 2021) 201 DTR 56/ 320 CTR 611 (Mad.) (HC)

S. 245D : Settlement Commission-Writ-Territorial jurisdiction of High Court-Assessment and appeal in Karnataka-Order of Settlement Commission in Chennai-Madras High Court had no jurisdiction to hear writ petition. [Central Excise Act, 1944, S. 35G, 35H, 36(b), Art. 226.]

Dy.CIT(IT) v. Hitachi Power Europe Gmbh (2020) 428 ITR 208 / 316 CTR 777/ 194 DTR 33 (Mad.)(HC)

S. 245C : Settlement Commission-Powers of Settlement Commission -Application cannot be rejected on an issue for a prima facie decision at the sub-section (2C) stage-The rejection of the application for settlement of case was not justified. [S. 245D(2C), 245D(4), Art. 226]

CIT v. Syndicate Bank (2020) 428 ITR 372 / (2021) 276 Taxman 200 (Karn.)(HC)

S. 244A : Refund-Interest on refunds-Revenue liable to pay interest on shortfall. [S. 237, 243, 244].

PCIT v. Solan District Truck Operators Transport Co-Op. Society (2020) 428 ITR 33 / (2021) 276 Taxman 250 (HP)(HC)

S. 244A : Refund-Interest on refunds-Interest is payable on delayed payment on refunds. [S. 237]

Laddulal Sharma v. PCIT (2020) 428 ITR 219 / 316 CTR 84 / 192 DTR 212 (MP)(HC)

S. 237 : Refund-Tax deducted at source-Return filed under Section 139(4)-Delay of 335 days-Condonation of delay-Reasonable cause-Genuine hardship -Directions for processing of application for refund. [S. 119(2)(b), 139(4), 239, Art. 226]

PCIT v. Solan District Truck Operators Transport Co-Operative Society (2020) 428 ITR 264 / 274 Taxman 397 (HP)(HC)

S. 237 : Refund-Interest on delayed refund becomes part of principal amount and also includes interest on delayed refund-Direction of the Tribunal to pay compensation in form of simple interest on amount due is held to be proper. [S. 243 244A 254(2)]

PCIT v. Ambuja Darla Kashlog Mangoo Transport Co-Operative Society (2020) 428 ITR 94 / 269 Taxman 618/ 317 CTR 363 / 195 DTR 99 (HP)(HC)

S. 237 : Refund – Delay in refund of excess of tax deducted at source- Interest on delayed refund becomes part of principal amount and also includes interest on delayed refund-Department was directed to pay compensation in form of simple interest on amount due. [S. 243, 244A(2)]

Ganapathy Haridaass v. ITO (2020) 428 ITR 505 / 272 Taxman 548 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal before CIT(A)-Assessing Officer is directed to pass the order as per the guidelines issued by the Central Board of Direct Taxes. [S. 154, 220(2), 221]

DIT(IT) v. Executive Engineer (2020) 428 ITR 294/ 194 DTR 364 (Karn.)(HC) Bangalore Water Supply and Sewerage Board v. ITO(IT) (2020) 428 ITR 294/ 194 DTR 364 (Karn.)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Short deduction –Limitation-No time limit prescribed-Within reasonable Time- Proceedings initiated after four years-Barred by limitation. [S. 201(IA)]

Tirunelveli District Central Co-Operative Bank Ltd. v. Jt.CIT (TDS) (2020) 428 ITR 249 / 275 Taxman 60 / ( 2021 ) 202 DTR 61/ 321 DTR 86 (Mad.)(HC)

S. 194N : Payment of certain amounts in cash-Enquiry prior to commencement of relevant assessment year-Principle of natural justice is violated-No adequate opportunity to respond to notice-Notice is held to be not valid-Existence of alternate remedy is not an absolute bar on issue of writ. [S. 201(1), 201(IA), Art. 226]