Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Treadsdirect Ltd. v. ACIT (2024) 296 Taxman 28 /465 ITR 350 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Granted stay till disposal of appeal subject to payment of 10 per cent of demand-Order os single judge is set aside..[S. 250, Art. 226]

Allahabad Development Authority v. CIT (E) (2024) 296 Taxman 159 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-SLP dismissed as not pressed.[Art. 136]

Adhunik Power & Natural Resources Ltd. v. Central Coalfields Ltd. (2024) 296 Taxman 53 (Jharkhand)(HC)

S. 206C : Collection at source-Refund-Purchase of coal used in generation of power-Directed to refund the amount collected. [S. 206C(IA), 237,244A Art. 226]

ITO, TDS v. Indian Oil Corporation Ltd (2024) 296 Taxman 428 (Pat)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Limitation-Deemed reasonable period of limitation is four years when no period of limitation is prescribed by statute. [S. 201(1), 201(IA)]

Thiruvannamalai District Central Cooperative Bank Ltd v. ITO, TDS (2024) 296 Taxman 448 (Mad)(HC)

S. 197A : Deduction at source-No deduction to be made in certain cases-Co-operative bank-Form No 15G-Incomplete response-Matter remanded to the Assessing Officer to pass a fresh assessment order.[S. 201(1), 201(IA), 251, Art. 226]

South Coast Spices Exports (P.) Ltd. v. PCIT (2024) 296 Taxman 184 / 336 CTR 226(Ker.)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note without document identification no (DIN)-When satisfaction notes were provided to assessee, said communication bore DIN-Notice and assessment order is valid.[Art. 226]

Anuradha Bakshi v. PCIT (Central) (2024) 296 Taxman 355 / 465 ITR 786/339 CTR 395(Delhi)(HC)/Editorial : Anuradha Bakshi v. PCIT (Central) (2024) 298 Taxman 548 (SC), Reserving the assessee to raise contentions regarding jurisdiction error vis -a-vis limitation period before appropriate authority despite order passed against assessee.

S. 153B : Assessment-Search and seizure-Time limit-Revision-Conclusion of search-Locker-Last panchnamas -No seizure-Strict interpretation of statutes-Strict rule of interpretation-Not barred by limitation.[S. 132, 263,Art. 226]

United Spirits Ltd. v. ACIT (2024) 296 Taxman 141 /464 ITR 167/ 337 CTR 826 (Karn)(HC)

S. 153 : Assessment-Reassessment-Limitation-Tribunal-Power-Limitation-Where Appellate Authority remands case for a determination on a selected issue or aspect of assessment, parties are fully aware of parameters within which fresh enquiry is circumscribed and limited-Rigours of limitation are totally removed-Tribunal had directed Assessing Officer to consider question of disallowance for bad debts/advances being written off-Tribunal’s order did not set aside or cancel subject assessment orders requiring a fresh assessment. [S. 153(2A), 153(6) 153(7) 253, 254(1)]

Vivek Saran Agarwal v. UOI (2024) 296 Taxman 281 (All.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Act does not contemplate any detailed adjudication on merits of information available with Assessing Officer at stage of passing order under section 148A(d)-Writ petition is dismissed.[S. 69, 148, 148A(b), 148A(d), Art. 226]

E.Construct FZ LLC v. ACIT (2024) 296 Taxman 440 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice-A notice under section 148A(b), dated 30-3-2023, was served upon assessee to file a response by 10-4-2023-Assessee sent a communication dated 14-4-2023 explaining difficulty in filing response by 10-4-2023 as same was served on 14-4-2023-Order passed without considering the reply-Order and notice is set aside.[S. 148, 148A(b), 148A(d), Art. 226]