Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Hindon Forge P. Ltd. v. Dy. CIT (2020) 80 ITR 545 (Delhi ) (Trib)

S. 271(1)(c) : Penalty – Concealment – Recording of satisfaction-Failure to state specific charge of penalty —Penalty deleted . [ S.274 ]

Dy. CIT v. Galderma India Pvt. Ltd. (2020) 80 ITR 452( Mum) (Trib)

S.271(1) ( c): Penalty — Concealment of income —Addition on basis of which penalty levied was deleted – Penalty will not survive .

Arrow Digital P. Ltd. v Dy. CIT (2020) 80 ITR 360 (Ahd) (Trib)

S. 271(1)(c) : Penalty – Concealment – Gratuity and exhibition expenses – Genuineness of expenses not doubted -Failure to deduct tax at source- Levy of penalty is held to be not justified .

Afcons Infrastructure Ltd. v PCIT (2020) 80 ITR 410 (Mum)(Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Interest on Arbitration Award reduced while computing taxable income — Offering income in the year of receipts – Revision is held to be not valid [ S.4, 145 ]

G. Hemalatha (Smt.) v .ACIT (2020) 80 ITR 456 (Chennai) (Trib)

S. 254(2A): Appellate Tribunal –Stay- No case made out for stay of demand – Irreparable loss and financial difficulties — Stay petition dismissed [ S.254(1)]

K. Srikanth v .ACIT (2020) 80 ITR 272 / 195 DTR 17/206 TTJ 273 ( Chennai ) (Trib)

S.254(1): Appellate Tribunal – Orders – Period of the first national lock-down from March 25, 2020 to April 19, 2020, when offices were not allowed to be physically opened, was excluded the period within which this order was pronounced was within 90 days.

Green Valley Infracity P. Ltd. v .ITO (2020) 80 ITR 388 / 193 DTR 201/ 207 TTJ 339(SM) ( Delhi) (Trib)

S. 251 : Appeal – Commissioner (Appeals) – Powers – Remand by Tribunal -Inspector of Income-Tax not competent to issue enhancement notice —Order enhancing income not sustainable [ S. 69C, 251(2) ]

General Motors Overseas Corporation v. ACIT (IT) (2020) 80 ITR 478/ 207 TTJ 404 (Mum) (Trib)

S. 234B : Interest – Advance tax – Failure by payer to deduct tax at source — Interest cannot be imposed.

HCL Comet Ltd v DCIT ( 2020) BCAJ- October – P. 38 ( Delhi) (Trib)

S. 199 : Deduction at source – Credit for tax deducted -Allowed in the year of deduction – Related revenue was booked in subsequent years .[ S.145, 199(3) ]

Sanjay Singhal v. Dy.CIT (2020) 80 ITR 117 (Chd) (Trib) Aarti Singhal (Smt.) v. Dy. CIT (2020) 80 ITR 117 (Chd) (Trib)

S. 153A : Assessment – Search- No incriminating material found during search- Statement of third parties cannot be considered as incriminating material- Opportunity to cross- examination not provided [ S.132(1), 132(4) ]