Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gyan Infrabuild P. Ltd. v. PCIT (2024)114 ITR 184/230 TTJ 273/ 239 DTR 265 (Pat)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and Seizure-Order passed after getting approval from Joint Commissioner-Order passed after examining the documents-Addition made on third-party based on documents and recorded statements-Third party order is not revised-Double taxation–Referred documents not of impugned assessment year or not belonging to assessee-Revision order is not valid. [S.133A 153A, 153B]

ACIT v. Ludhiana Beverages P. Ltd. (2024)114 ITR 81 (SN)(Amritsar)(Trib)

S. 254(1): Appellate Tribunal-Additional evidence Commissioner (Appeals)-Specific request of the CIT(A) to produce invoices of particular period-No violation of Rule 46A. [S. 250, R.46A]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Dismissing appeal without appreciating grounds on merits-Transfer Pricing-Not dealing with issues-Disallowance of expenditure-Exempt income-Cryptic order-Matter remitted to Commissioner (Appeals) for fresh consideration. [S. 14A, 92C, 92CA, 115BBD, 154, R.8D]

Brijeshkumar Jayantibhai Patel v. ITO (2024) 114 ITR 1 (SN) (Ahd) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Commissioner (Appeals) is bound to adjudicate appeal on merits in accordance with law by speaking order recording reasons.[S.69A, 250(6)]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Powers-Dismissing the appeal without deciding on merits-Transfer price-Comparable-Exempt income-Matter remitted to Commissioner (Appeals) for fresh consideration.[S. 14A, 92C 92CA, 115BBD, R. 8D]

Naresh Topandas Aidasani v. Dy. CIT (2024)114 ITR 76 (SN)(Mum) (Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Affidavit-Missing E-Mail received-No reason to dis believe the affidavit-Delay condoned-Matter remanded to CIT(A) to decide on merit.[S. 246A, 271(1)(c)]

Investcorp Real Estate Yield Fund v ITO (2024)114 ITR 39 (SN)(Mum)(Trib)

S. 234B : Interest-Advance tax-Representative-Investment fund-Passing through taxation-Entitle to credit for tax deducted at source-Assessing Officer to Charge correct interest after giving effect to Commissioner (Appeals) order-CBDT, Circular No 13 of 2014 dt. 28-7-2014 (2014) 366 ITR 2 (St). [S. 160(1)(iv), 164(1), 234C, R. 37BA(2)]

Dy. CIT v. Zte Telecom India P. Ltd. (2024)114 ITR 38 (SN)(Delhi)(Trib)

S. 201 : Deduction at source-Failure to deduct or pay-Provision in the books of account-Accrual basis-Payee was not known-Tax deducted at source on booking of expenses in following year-Interest leviable only up to date of deduction of tax in subsequent year-Order of CIT(A) is affirmed. [S. 201(1), 201(IA)]

Surya Vincom P. Ltd. v. ACIT (2024)114 ITR 49 (SN)(Delhi) (Trib)

S. 153C : Assessment-Income of any other person-Search-Share premium-Identity and credit worthiness is not established-Addition is affirmed-Protective addition-Substantive addition.

Esha Securities P. Ltd. v. Dy. CIT (2024)114 ITR 24 (SN)(Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search–Six assessment years to be reckoned from date of recording of satisfaction-AY. 2004-05 is beyond six years-Order is quashed and set aside. [S. 132]