Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


American Express (India) P. Ltd. v. ACIT (2024) 208 ITD 564 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Corporate social responsibility (CSR)-Allowed deduction under Section 80G-AO’s view is backed by various decisions of Tribunal-Assessment order can not be treated as erroneous and prejudicial to interest of revenue.[S.37(1), 80G, 143(3), Companies Act, S. 135]

Suresh Kantilal Thakkar. v. PCIT (2024) 208 ITD 395/232 TTJ 659 (Ahd) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Penny stock-Failure to make enquires-Revision is held to be valid.[S. 45, 147, 148]

Rajesh Kumar Jalan v. PCIT (2024) 113 ITR 188 / 208 ITD 349 (Kol) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Pendency of appeal before CIT(A)-Proposal sent by Additional CIT-No independent application of mind-Revision order is quashed. [S.44AD, 68 143(3)]

Jagjeet Singh v. DCIT (2024) 208 ITD 250 (Amritsar) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and seizure-Cash credits-Entries of unsecured loans-Failure to make necessary enquiries in reassessment proceedings-Assessment order is invalid-Revision order is invalid.[S. 68, 147, 153C]

Hotel Babylon Continental (P.) Ltd. v. PCIT (2024) 208 ITD 1 (Raipur) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposits-Share capital-share premium-Reassessment-Limitation-Relevant date for purpose of determination of period of limitation-Date of original assessment order and not date of reassessment order-Revision order is quashed.[S. 68, 147 148]

Tata Cummins (P.) Ltd. v. DCIT (2024) 208 ITD 46/230 TTJ 676/240 DTR 73 (Ranchi)(Trib.)

S. 254(2A): Appellate Tribunal-Stay-Pendency of rectification application before DRP-Tribunal has power to extend stay even beyond period of 365 days if proceedings are delayed for reasons not attributable to assesse.[S. 144C, 254(1)

ADM Agro Industries Kota & Akola (P.) Ltd. v. DCIT (2024) 208 ITD 238 (Delhi) (Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional evidence-Share premium-The matter is remanded back to Assessing Officer for consideration after admitting additional evidence.[S. 56(2)(viib)]

Solutions Integrated Marketing Services (P.) Ltd. v. DCIT (2024) 208 ITD 590 (Delhi) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Credit of TDS in a financial year would be granted only when income corresponding to such TDS is assessed to tax in said financial year-Matter remanded.[Accounting Standard 9 (AS.9)]

JV of TATA Projects Ltd. and Chint Electric Company Ltd. v. ITO (2024) 208 ITD 782/114 ITR 42 (SN) (Delhi) (Trib.)

S. 167B : Charge of tax-Shares of members unknown-Maximum marginal rate-Association of persons-Joint venture between TPL and Chint-Share in AOP’s profit is determinate i.e., TPL 99.99 per cent and Chint 0.01 per cent-TPL is domestic company and Chint was a Chinese company, 99.99 per cent of income of TPL is to be taxed at maximum marginal rate (MMR) of 30 per cent plus surcharge and cess and 0.01 per cent of income of Chint at MMR of 40 per cent plus surcharge and cess. [S. 2(31)(v)]

Aircel Ltd. v. DCIT (2024) 208 ITD 199 /116 ITR 36 (SN) (Chennai) (Trib.)

S. 156A : Modification and revision of notice in certain cases-Demand-Moratorium-CIRP proceeding was initiated against assessee and a resolution order was also passed-Assessing Officer was directed to modify demand payable in conformity with order of an Adjudicating Authority as defined in section 5(1) of the IBC and shall thereafter serve on assessee a notice of demand specifying sum payable, if any, and such notice of demand shall be deemed to be a notice under section 156 and provisions of Act shall apply accordingly. [S. 156, Insolvency and Bankruptcy Code, 2016, S. 5(1)]