Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Xiaomi Technology India (P.) Ltd. v. DCIT (2023) 202 ITD 816 /225 TTJ 348 (Bang) (Trib.)

S. 254(2A) : Appellate Tribunal-Stay-Attachment of fixed deposit by ED as well as Income-tax Authorities-Till attachment would continue assessee would not be required to pay any further payment and stay was to be granted-In event attachment of bank accounts as vacated or revoked or disturbed or modified, assessee shall deposit 20 per cent of outstanding liability [S. 254(1), 281B]

Jt. CIT (OSD) v. Reuters India (P.) Ltd. (2023) 202 ITD 247 (Mum) (Trib.)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Non-consideration of decision of High Court or Supreme Court could said to be a mistake which could be rectified-Employees’ contribution to superannuation fund was deposited after due date-Rectification of Revenue is allowed.[S. 36(1)(va), 43B]

eBay Singapore Services (P.) Ltd. v. DCIT (IT) (2023) 202 ITD 678 (Mum)(Trib.)

S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Calculation of 20 per cent outstanding-TDS deducted must be considered.[S. 156, 254(1)]

Bhikhabhai Parshottambhai Patel v. ITO (2023) 202 ITD 779 (Ahd)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Consideration above 50 lakhs-Failure to deduct tax at source and failure to file Form No 26A-Interest is leviable.[S.194IA, 201(1), 201(IA)]

DCIT v. Reliance Infrastructure Ltd. (2023) 202 ITD 452/224 TTJ 1 (Mum) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Transfer of business-Transfer of income-TDS credit TDS credit cannot not be denied merely because credit of TDS didn’t reflect in Form 26AS of assessee. [Rule 37BA(2), Form 26AS]

UCB India (P.) Ltd. v. ACIT (2023) 106 ITR 322 / 202 ITD 37 (Mum)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Business expenses-Sales promotion expenses-Debatable issue- Rectification is held to be not justified.[S. 37 (1)]

Bhaijee Commodities (P.) Ltd. v. ACIT (2023) 202 ITD 757/226 TTJ 257 (Delhi) (Trib.)

S. 147 : Reassessment-Share capital-Accommodation entry-Merely following the opinion by investigation wing-Reassessment order is quashed. [S. 68, 148, 151]

ACIT v. Gujarat State Road Development Corporation Ltd. (2023) 202 ITD 510 (Ahd) (Trib.)

S. 145 : Method of accounting-Infrastructure development project-Project development fee received is to be apportioned over period of project-Entire fee can not be taxed during year specifically when fees apportioned to subsequent years was returned to tax by assessee in said years. [S. 4]

Prabhakar Amruta Shillak. v. ITO (2023) 202 ITD 128 (Pune) (Trib.)

S. 143(3) : Assessment-Document Identification Number (DIN)-Final assessment order manually without DIN, assessment order was to be treated as never been issued.

Chakargadh Seva Sahakari Mandali Ltd. v. DCIT (CPC) (2023) 202 ITD 793 (Rajkot)(Trib.)

S. 143(1) : Assessment-Intimation-Co-operative societies-Failure to file return within time prescribed under section 139(1)-Claim of deduction under section 80P could not be denied by making prima facie adjustment.[S.80P, 139(1), 143(1)(a)(v)]