Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Lata Mangeshkar Medical Foundation v. DCIT (E) (2024) 229 TTJ 716 / 237 DTR 260 / 38 NYPTTJ 393 / 166 taxmann.com 427 (Pune)(Trib)

S. 244A : Refunds-Interest on refunds-NFAC is directed to take cognizance of the proposition that interest under s. 244A has to be granted upto the date when the actual refund was received while deciding the matter.[S. 143(1), 234D]

State Bank of India v. DCIT (2024) 229 TTJ 721 / 239 DTR 129 / 38 NYPTTJ 606 (Mum) (Trib)

S. 194A : Deduction at source-Interest other than interest on securities-Excess interest retained by nonbanking financial companies-loans purchased by bank-Upfront payment and allowing the originating NBFCs to retain part interest on such loan paid by the borrowers-No obligation to deduct tax at source-NBFCs have already offered to tax in their returns of income the interest earned on loans sold to the assessee-Levy of tax under section 201 (1) and levy of interest u/s 201(IA ) for failure to deduct u/s 194A, 194H or 194J is not applicable. [S.2(28A 194A, 194H, 194J 201(1), 201(IA)]

Sanjay Gupta v.ACIT (2024) 229 TTJ 29 (UO)(SMC ) (Jaipur )(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Survey-Stock offered-Assessed as business income-Rectification order is quashed. [S.69D, 115BBE, 143(3)]

Shree Jay Limbach Co-Operative Credit Society Ltd. v. ITO (2024) 229 TTJ 100 / 236 DTR 273 / 38 NYPTTJ 391(SMC ) (Ahd)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Limitation-Non-service of intimation under S. 143(1)-The four year limitation seeking rectification starts ticking the moment the assessee is in receipt of the order-Rejection of application being time barred is not justified.[S.80P(2), 143(1), 154(7)]

Veena Singh v. ACIT (2024) 229 TTJ 898 / 238 DTR 294 / 38 NYPTTJ 519 (Delhi) (Trib)

S. 153D : Assessment-Search-Approval–A common and consolidated approval has been granted-Approval is bad in law-Order is quashed. [S. 153A]

DCIT v. Bengal Brahmaputra Realty Ltd. (2024) 229 TTJ 41 (UO) (Gau)(Trib)

S. 153A: Assessment-Search-Unabated assessment-No incriminating material-Information from audited balance sheet-Addition is deleted. [S. 132]

Rajesh Omprakash Agrawal v. DCIT (2023) 37 NYPTTJ 631 /(2024) 229 TTJ 705 / 238 DTR 142 (Mum)(Trib)

S. 153A: Assessment-Search-Bank Locker in the name of assessee’s father-Search warrant in the name of assessee-Keys of the locker were found from the residential premises of the assessee-Issue of notice is valid-Long term capital gains on sale of equity shares-Addition is deleted.[S.68, 69C 132]

Instrumentation Laboratory India (P) Ltd. v. Dy. CIT (2024) 229 TTJ117 (UO) (Delhi)(Trib)

S. 153 : Assessment-Limitation-Date of order-Dispatch-Body of the assessment order, the date of passing of the order has been mentioned as 28th Dec., 2016-Assessment order was dispatched only on 2nd Jan., 2017 as per the postal track consignment-Assessment order is time barred.[S. 143(3)]

BCP V. Singapore Fvci Pte. Ltd. v. ACIT (2024) 229 TTJ 46 (UO) / 159 taxmann.com 63 (Delhi)(Trib)

S. 147 : Reassessment-Repatriated the amounts invested in non-convertible debentures in the earlier years-No escapement of income-Reassessment notice and order is quashed.[S. 148]

Cadmatic Oy v.ACIT (IT) (2023) 37 NYPTTJ 1723 /(2024) 229 TTJ 273 / 237 DTR 169 / 159 taxmann.com 320 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-Order passed prior to issue of direction of DRP-Order passed after direction of DRP is not valid-Additional ground is admitted-Delay in filing of an appeal is condoned.[S.143(3), 144C(13), 253(5)]