Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Alka Ventures Pvt. Ltd. v. Add. CIT (2024)466 ITR 390/161 taxmann.com 701 (Ker)(HC)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Direction to pay part of demand in instalments within time frame as stipulated by Court-Department is given liberty to recover tax on failure to satisfy conditions of payment.[S.69, 115BBE, 143(1), 144, 144B, 147, 249(4)(b), 250, Art. 226]

Patliputra Builders Ltd. v ITSC (2024)466 ITR 72 (Pat)(HC)

S. 245D : Settlement Commission-Settlement of cases Granting Immunity from penalty or prosecution provided conditions imposed by it fulfilled-Non-fulfilment of conditions-Immunity cannot be claimed.[S. 142(2A), 245C, Art. 226]

UPS Freight Services India Pvt. Ltd. v. Dy. CIT [2023] 156 taxmann.com 489 / (2024)466 ITR 51/ 336 CTR 261 (Bom)(HC)

S. 244A : Refunds-Interest on refunds-Instructions of Central Board Of Direct Taxes-Failure to refund amounts payable under Form 5 issued Under Direct Tax Vivad Se Vishwas Act, 2020 Read With Direct Tax Vivad Se Vishwas Rules, 2020-Assessee entitled to interest on refund for period from date of issue of Form 5 till date of payment.[S. 237, Direct Tax Vivad Se Vishwas Act, 2020, Direct Tax Vivad Se Vishwas Rules, 2020, Art. 226]

PCIT v. Jaswinder Pal Singh (2024)466 ITR 249/300 Taxman 104 (SC) Editorial : PCIT v. Jaswinder Pal Singh (2023) 456 ITR 410 /152 taxmann.com 103 / 334 CTR 319 (P& H)(HC)

S. 237 : Refunds-Disability pension-Retired Officer of Indian Army-Arrears of disability pension received in December 2008-Entitled to exemption-Strictures-Court directed the Revenue for refund of tax paid by assessee with interest at 9 per cent. per annum within one month with costs of RS. 1 lakh. If the payment was not made within the stipulated period interest was to be paid at 18 per cent. per annum from the date of entitlement till actual payment-Delay of 279 days, SLP of Revenue is dismissed.[Pension Regulations for the Army, Rule, 173, Art. 136]

Excise Commissioner, Karnataka. v. Mysore Sales International Ltd(2024)466 ITR 205/ 300 Taxman 115/339 CTR 321 (SC) Editorial : Excise Commissioner, Karnataka. v. Mysore Sales International Ltd (2006) 286 ITR 136 (Karn)(HC), reversed.

S. 206C : Collection at source-Trading-Alcoholic liquor-Seller–Buyer-Marketing of arrack-Auction or Tender-Arrack then sold in retail by excise contractors in allotted area-Excise contractors obtained only right to vend arrack on retail-Not arrack-Not bound to collect tax from them-No express provision regarding issuance of notice and affording hearing to seller before passing an order-Requirement of notice and hearing before order passed to be read into provision-Natural justice-when order entails adverse civil consequences or is prejudicial to person concerned principles of natural justice to be followed.[S. 206C(6), Karnataka Excise Act, 1965, S. 17, 71, Karnataka Excise (Arrack Vend Special Conditions Of Licences) Rules, 1967, R. 2, 4, 5, Karnataka Excise (Manufacturing and Bottling of Arrack) Rules, 1987, Rr. 3, 17.]

PCIT v. Anuj Bansal (2024)466 ITR 251/165 taxmann.com 2 (Delhi)(HC) Editorial : SLP of Revenue is dismissed, PCIT v. Anuj Bansal (2024)466 ITR 254/165 taxmann.com 3 (SC)

S. 153D : Assessment-Search-Approval-Sanction must be accorded only after due consideration. [S.260A, 292B]

PCIT v. Anuj Bansal (2024)466 ITR 254/165 taxmann.com 3 (SC) Editorial : PCIT v. Anuj Bansal (2024) 466 ITR 251 (Delhi) (HC)

S. 153D : Assessment-Search-Approval-Approval is granted without application of mind-Assessment order is quashed-SLP dismissed. [S.292B, Art. 136]

Sunita Goel v. Dy. CIT (2024)466 ITR 404 /162 taxmann.com 740 (Delhi)(HC)

S. 153C : Assessment-Income of any other person-Search-Opportunity of hearing was granted-Order is valid-Writ petition is dismissed.[Art. 226]

Plasseri Pulikkal Muhammed Ali v. ACIT (2024)466 ITR 437/164 taxmann.com 1255 (Ker)(HC)

S. 153C : Assessment-Income of any other person-Search-Issue raised in a writ petition was dismissed-Subsequent writ petition on same issue but with different grievance-Writ petition is dismissed as not maintainable.[Art. 226]

Jatinder Singh Bhangu v. UOI (2024)466 ITR 474 / 300 Taxman 228/ 339 CTR 473(P&H)(HC) Jyoti Sareen v. UOI. (2024)466 ITR 474 / 300 Taxman 228/ 339 CTR 473(P&H)(HC)

S. 151A : Faceless assessment of income escaping assessment- Reassessment-Notice-Jurisdiction-Scheme-Procedure adopted by Department in contravention of statutorily prescribed procedure-Office Memorandum cannot override mandatory specifications in scheme-Reassessment notice is set aside-Department given liberty to proceed in accordance with amended provisions. [S. 144B, 147, 148, Art. 226]