Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. I. T. C. Ltd. (2024)461 ITR 446 /297 Taxman 533 /336 TR 745 (SC) Editorial : CIT v. I.T.C. Ltd (2015) 64 taxmann.com 486/446 ITR 449 (Cal)(HC), set aside.

S. 260A : Appeal-High Court-Substantial question of law- Appeal admitted by Court formulating ten questions of law- At time of final hearing Court dismissing appeal holding no question of law arises- Order of High Court set aside and matter remanded for disposal b Court on merits. [Art. 136]

PCIT v. Shantinath Detergents (P.) Ltd. [2024] 461 ITR 302 (Cal)(HC)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Sales tax subsidy-Shown taxable in the return-CIT(A) is justified admitting the additional ground-Order of Tribunal is affirmed.[S.4, 139(5), 254((1)]

Siva Industries And Holdings Ltd. v Asst. CIT (2024)461 ITR 142/297 Taxman 59 (SC) Editorial : Refer, Siva Industries and Holdings Ltd. v. Asst. CIT (2023 ) 153 taxmann.com 354/ (2024) 461 ITR 133 (Mad)(HC)

S. 260A : Appeal-High Court-Delay of 2139 days-Lacked bona fides- Order of High Court refusing to condonation of delay-SLP dismissed. [Art. 136]

Mahesh Gupta v. ITSC [2024] 461 ITR 267 (Bom HC)

S. 245D : Settlement Commission-Settlement of cases-Procedure-Assessee paid taxes on own calculations-Compliance of the provisions of section 245D (2D)-No abatement-Matter remanded to Interim Board. [S. 245AA 245C,245D(2D), 245HA(1)(ii), Art.226]

Jain Metal Rolling Mills v. UOI (2024) 461 ITR 423 (Mad)(HC)/Editorial : SLP of Revenue is dismissed , UOI v. Velammal Chennai Educational Trust (2024)467 ITR 169/ 67 taxmann.com 372 (SC)

S. 245C : Settlement Commission-Settlement of cases-Pending cases-Constitution validity of an amendment to Section 245A discontinuing operation Settlement Commission w.e.f. 01-02-2021 also challenged the validity of Circular / Order F.No. 299/22/2021-DIR(INV.III) dtd. 28-09-2021-Last date mentioned in circular should read as 31-3-2021-Orders rejecting applications on ground that no case pending as on 31-1-20021 set a side-Applications to be deemed pending for consideration by Interim Board-Abolition of Settlement Commission-Jurisdiction of court-Right to seek resolution through Settlement Commission conferred by statute-Within policy realm of State to take away remedy or benevolence given-Court cannot substitute its opinion to abolition of Settlement Commission. [S. 245A, 245D, 245M, Art. 226]

Pradeep Kumar Naredi v. UOI [2024] 461 ITR 418 (Cal)(HC) RSB Industries Ltd v. UOI [2024] 461 ITR 418 (Cal)(HC) Editorial : Pradeep Kumar Naredi v. UOI [2024] 461 ITR 414 (Cal)(HC)(Single Judge ), Also refer Sar Senapati Santaji Ghorpade Sugar Factory Ltd. v. ACIT [2024] 161 taxmann.com 166 (Bom) (HC)

S. 245C : Settlement Commission-Settlement of cases-Conditions-Validity of amendments to Act abolishing Settlement Commission and Circular issued by CBDT stipulating final date for filing application before Settlement Commission-Dismissal of writ petition by a single judge at admission stage is held to be not proper-Respondents are directed to file affidavits for consideration of legal aspects-Limitation-Search cases-Notices are stayed till the disposal of appeals. [S. 132, 153A, 245D, Art. 226]

Sri Hari Rao & Co v. CCIT (2024)461 ITR 363/161 taxmann.com 592 /339 CTR 94 (Telangana)(HC)

S. 237 : Refunds-Central Board of Direct Taxes-Refund of tax deduction at source-Less than Rs.5 lakhs-Condonation of delay-Application seeking condonation of delay in filing the revised return-Refund in revised return is based on Form 16A for TDS on rental income, and the claim was not supplementary as per Instruction No. 12 dated 30-10-2003-Application for condonation of delay in filing the revised return is directed to be allowed-Entitle to refund which is within prescribed upper limit. [S.119(2)(b),139(4), Art. 226]

Afilias India Pvt. Ltd. v. Dy. CIT (2024)461 ITR 90 / 161 taxmann.com 235 (Delhi)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Refund-Short grant of credit of tax deducted at source-Brought forward loss and unabsorbed depreciation- Direction issued to decide the application within eight weeks’ time.[Art. 226]

Madurai Srinivasagam Sunther v. Dy. CIT [2024] 461 ITR 275 (Mad ) HC)

S. 153C : Assessment-Income of any other person-Search-Statement on which reliance has been placed for issuance of notice under section 153C shall be provided to the assesse-Order is set a side with the direction. [Art. 226]

K. M. Fathima v. CIT (2024)461 ITR 85/ 297 Taxman 385(SC) Editorial : Refer K. M. Fathima v. CIT (2022) 20 ITR-OL 439 (Ker)(HC)

S. 153C : Assessment-Income of any other person-Search-Not discharged the burden of having agricultural income-Addition as undisclosed income is justified-Order of High Court is affirmed. [s. 260A, Art. 136]